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Gender equality & mainstreaming toolkit for Pakistan ILO & HRDN

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  • 1. ASIAN DECENT WORK DECADE International Labour Organization Gender Equality & Mainstreaming Toolkit for Pakistan 1 2 3 4 Understanding the Gender Concepts ILO’s Role in Promoting Gender Equality at the Workplace Basics of Gender Equality & Mainstreaming Main Issues in the Labour Market of Pakistan 5 6 7 8 Green Jobs and Gender Equality Equal Opportunities & Treatment for Workers with Family Discrimination in Respect of Employment and Occupation Equal Treatment for Home Based Workers 9 10 11 12 Night worker Convention Equal Remuneration for Men and Women Workers 13 14 Skills Development and Learning Statistical Data Freedom of Association and Protection of the Right to Organize Collective Bargaining Towards Gender Parity in Pakistan (TGP) Project ILO Country Office for Pakistan
  • 2. Gender Equality & Mainstreaming Toolkit for ToT in Pakistan Towards Gender Parity in Pakistan (TGP) Project ILO Country Office for Pakistan
  • 3. Copyright © International Labour Organization 2011 First published 2011 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ilo.org. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Gender Equality & Mainstreaming / International Labour Organization ; ILO Country Office for Pakistan, Towards Gender Parity in Pakistan (TPG) Project. - Islamabad: ILO, 2011 xvi, 206 p. ISBN: 9789221259735 (print), 9789221259749 (web pdf) International Labour Organization; ILO Country Office for Pakistan gender equality / gender mainstreaming / role of ILO / ILO Convention / Pakistan 13.03.2 ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our web site: www.ilo.org/publns Printed in Pakistan
  • 4. FOREWORD The primary goal of the International Labour Organization (ILO), a specialised agency of United Nations, is to promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. The ILO is devoted to promoting social justice and internationally recognized human and labour rights, pursuing its founding mission that labour peace is essential to prosperity. Thus, the ILO considers gender equality in the world of work as a key element in its vision of Decent Work for All Women and Men for social and institutional change to bring about equity and growth. The main focus or thematic areas of the ILO on gender equality coincide with the organization's four strategic goals, which are to: promote fundamental principles and rights at work; create greater employment and income opportunities for women and men; enhance the coverage and effectiveness of social protection; and strengthen social dialogue and tripartism. The ILO believes that investment in gender equality and women empowerment is not only a right thing to do but a Smart thing to do. Today, Pakistan faces multiple challenges of low economic growth, humanitarian crises, internal and external security issues, and low social development indicators. Women in Pakistan continue to face constraints due to the prevalent socio-cultural norms that deny them equal access to facilities and opportunities. Pakistan still ranks 128 out of 182 on Human Development Index (2010), 124 out of 155 on Gender Development Index (2009) and 132 out of 134 on the Global Gender Gap Report (2009). Pakistan women have limited access to resources; restricted rights, limited mobility and somewhat muted voice in shaping decisions make them highly vulnerable. Women are increasingly joining the work force but often in the informal economy dominated by low paying and poorly protected jobs that pose threats to their reproductive health and consequently to the welfare of their families. During the reporting period waged and salaried employment increased by only 2.4 percentage points of the unemployed (15+), whilst own-account workers decreased by more than 7 percentage points. The proportion of those working excessive hours has declined slightly since 1999-2000 but only because the proportion of females in total employment, who work less than 30 hours has increased. The proportion of males working excessive hours has risen by 1.4 percentage points since 1999/2000. Despite recent gains in terms of employment and unemployment a clear gender gap is evident. The female labour force participation rate is 19.6 per cent as compared to males at 69.5 per cent. Women continue to be under-represented and under-utilised in the economy and labour market and tend to predominate as unpaid family workers in agriculture, and hold low paid, low skill jobs and at the lowest tiers of the industrial labour force in urban areas. Women counted as employed include employees, self employed, unpaid family workers and those generally engaged in low skilled, low wage economic activities. More than half of these women earn less than 60 per cent of men's incomes. The bulk of the female labour force is employed in the informal economy, and is not covered under legal protection and labour welfare institutional mechanisms. In the urban informal sector 67.5 per cent of women work as home-based or casual workers on low wages, or as domestic workers with iii
  • 5. extremely low remuneration. Women generally appear to be mostly unaware of labour laws and do not have a collective voice, therefore unable to exercise their rights. For the ILO, Pakistan has been an important and active member and the government of Pakistan has ratified 34 ILO Conventions including C 100 and C 111, which indicates its commitment to pursue the attainment of high standards for its people, particularly for women. Pakistan's Government, Employers' and Workers' representatives have also repeatedly expressed their commitment to work for promotion of a right-based work environment. The ILO approach is grounded in the rights-based argument and the economic efficiency rationale: not only is gender equality in the world of work a matter of human rights and justice for workers, it also makes good business sense for employers and is instrumental in achieving economic growth and poverty reduction at national levels. The ILO is pleased to present to you the Toolkit named Gender Equality & Mainstreaming carried out by the ILO project entitled Towards Gender Parity in Pakistan (TGP) as part of its knowledge-creation for its tripartite constituents in Pakistan. One major objective for this project was to establish benchmarks from gender-perspective regarding various aspects of employment and to work more effectively towards achieving a marked change in the policies and practices. It is understood that decreasing poverty and inequalities is like chasing a moving target where with the ever increasing population there is a need for more efforts to uphold principles of social justice and rights-based decisions. For this to happen, joint efforts by all the partners, collaborators and institutions would be required and I am glad that the ILO has taken lead in forging such collaborations and coordination among key stakeholders. I would also like to extend my gratitude to the Government of Pakistan, Employers' Federation of Pakistan, Pakistan Workers' Federation and other partner organizations for their demonstrated commitment and immense support to us in our efforts for promotion of Decent Work in Pakistan. I congratulate the TGP project team of on their successful initiatives to develop a much-needed knowledge base on Pakistan labour market from gender perspective. I am sure these efforts would help ILO and its partners in taking steps towards taking gender equality endeavours to new heights. Thank you, Francesco d'Ovidio Country Director ILO Office for Pakistan iv
  • 6. CONTENTS Foreword Acknowledgment Acronyms Introduction to the Training Manual iii vii viii ix PART - 1 01 Opening Session: The Art of Delivering Sessions The Art of Delivering Sessions 03 04 PART - 2 15 Role of ILO in Gender Equality & Mainstreaming Session 1: Understanding Gender Concepts Session 2: ILO s Role in Promoting Gender Equality at the Workplace Session 3: Basics of Gender Equality & Mainstreaming Session 4: Main Issues in the Labour Market of Pakistan (regarding Gender Equality) Session 5: Green Jobs and Gender Equality 17 19 30 48 52 73 PART - 3 79 ILO Conventions Session 6: ILO Convention No. 156 Equal Opportunities & Treatment for Workers with Family Responsibilities Session 7: ILO Convention No. 111 Discrimination in Respect of Employment and Occupation Session 8: ILO Convention No. 177 Equal Treatment for Home Based Workers Session 9: ILO Convention No. 171 Night worker Convention Session 10: ILO Convention No. 100 Equal Remuneration for Men and Women Workers Session 11: Freedom of Association and Protection of the Right to Organize ILO Convention No. 87 Session 12: Collective Bargaining ILO Convention No. 98 Session 13: Skills Development and Learning - ILO Convention No. 142 Session 14: Statistical Data - ILO Convention No. 160 80 81 94 110 128 134 152 170 180 192 v
  • 7. vi
  • 8. ACKNOWLEDGMENTS Gender equality and women's empowerment are vital for overcoming poverty, particularly in the context of Pakistan. Despite Pakistan's recent economic growth, there are extreme gender imbalances in the labour market. The ILO works to promote an understanding of the imperative links between decent work, poverty reduction and gender equality. For the ILO, Gender Equality means that men and women have equal rights for work of equal value and that there is a fair distribution of work-load, responsibilities, opportunities and income earning. The ILO has been committed to promoting the rights of women and men in the world of work and to achieving gender equality under the framework of its Decent Work Agenda. The Human Resource Development Network (HRDN) has been a strategic partner of the ILO in these efforts through various initiatives to promote gender equality in the world of work. HRDN has implemented a project on decent employment for newly graduated women titled W omen's Empowerment through Employment (WEE) , funded by USAID. Another project of HRDN titled Young Professionals Leadership Programme (YPLP) funded by the Royal Norwegian Embassy benefited women at the mid-career level to enhance their leadership skills for better career growth. HRDN, being a membership-based network with more than 850 individual and organizational members, reaches out to a wide cross section of society including the development sector, academia, civil society, government, the corporate sector and more. Career counseling for women is one of the top priorities of HRDN. In this effort, this Gender Toolkit has been compiled by HRDN for the ILO with the technical support of HRDN members Mr. Waqar Haider Awan, Ms. Rizwana Waraich and Ms. Robeela Bangash. The Toolkit is equipped with illustrations by Mr. Akhter Shah. It is designed to be a training manual for trainers. The manual has been reviewed and edited by professional social scientists Mr. Shaheer Ellahi and Ms. Sadia Ijaz in coordination with Ms. Shama Maqbool (ILO) and in consultation with the above mentioned respected members of HRDN. This has been an extremely well coordinated effort by the team with the continuous guidance of Mr. Saad Gilani at the ILO. The HRDN team and resource persons look forward to the successful use of this toolkit in reducing gender disparities in the labour market in particular and hope that it will contribute to gender equality in Pakistan. Fauzia Malik Executive Director Human Resource Development Network (HRDN) vii
  • 9. ACRONYMS AASHA CBA CEDAW CEDPAs CIE CRC DWCP EFP FAO GEMS GEP GRAP HBWW IB ICT IICA ILO IMF IRO JICA LFPR LFS LMIS MDGs MoU MTDF NCCWD NCSW PARDEV PCHR PRSP SAP SCOPE SMEDA TGP TVET UN UNAIDS UNDP UNFPA UNICEF UNIDO UNIFEM USAID WEBCOP WIM viii Alliance Against Sexual Harassment at Workplace Collective Bargaining Agent Convention on the Elimination of all Forms of Discrimination Against Women Centre for Development and Population Activities Council of Indian Employers Convention on the Rights of the Child Decent Work Country Programme Employers Federation of Pakistan Food and Agriculture Organization Gender Mainstreaming Strategies Gender Equity Programme Gender Reform Action Plan Home Based Women Workers Institutional Building Information and Communication Technologies Inter-American Institute for Cooperation and Agriculture International Labour Organization International Monetary Fund Industrial Relations Ordinance Japan International Cooperation Agency Labour Force Participation Rate Labour Force Survey Labour Market Information System Millennium Development Goals Memorandum of Understanding Medium Term Development Framework National Commission on Child Welfare and Development National Commission on the Status of Women Partnerships and Development Cooperation Department Parliamentarians Commission on Human Rights Poverty Reduction Strategy Paper Structural Adjustment Programme Standing Conference of Public Sector Enterprise Small and Medium Enterprise Development Authority Towards Gender Parity in Pakistan Project Technical & Vocational Education & Training United Nations Joint UN Programme on AIDS United Nations Development Programme United Nations Population Fund United Nations Children s Fund United Nations Industrial Development Organization United Nations Development Fund for Women United States Agency for International Development Workers Employers Bilateral Council of Pakistan Women in Management
  • 10. INTRODUCTION TO THE TOOLKIT This training manual on Gender Equality and Mainstreaming has been developed by the International Labour Organization (ILO) to facilitate workshop participants on the basic concepts and aspects of gender, gender equality and gender mainstreaming in the workplace. Moreover, the focus on the procedures required to impart knowledge about Gender Mainstreaming and the importance of gender sensitization in the development of a society and for behavioral change is also streamlined in the manual in a structured manner. All the resource material is incorporated in a way which helps the audience to find the maximum amount of relevant information on the subject matter, especially focusing on the current scenarios in Pakistan. Each session within the manual has its own set of learning objectives but more specifically, the main objective is to improve the knowledge, attitudes and skills of development and Government professionals to create gender sensitive institutions, policies, programs, and projects. The overall objectives of the training manual are: ? To enhance the capabilities and knowledge of the audience on the concept of gender ? To increase sensitivity about a broad range of gender issues at the personal, interpersonal, community and organizational levels ? To develop an understanding on national policies, frameworks and reforms with respect to gender equality and mainstreaming (focused on the workplace) ? To provide sufficient information regarding the ILO and its participation in gender equality and mainstreaming ? To provide brief information on current issues and reforms in the labour market of Pakistan ? To enable participants (of a workshop) to learn more about the ILO Conventions relevant to Gender Equality While designing the training manual, the emphasis was to provide step by step guidelines to the trainers for effective execution and smooth delivery of the sessions. For this purpose each session includes the following information: ? Title of the Session ? Introduction to the Session ? Objectives ? Target Audience ? Duration of the Session ? Materials ? Methodology ? Preparation before Training ? Expected Outcome The manual is divided into two parts; the first part focuses on the introductory and conceptual sessions as well as the ILO s role regarding gender equality. The second part consists of the relevant ILO Conventions. The sessions include case studies, videos, ideas for brainstorming, buzz groups and activity-based group ix
  • 11. work for the participants practical learning. For the effective delivery of the training, it is important for the trainers to read the manual thoroughly and familiarize themselves with the contents and the essence of the subject matter. A. Guidelines for Facilitators These guidelines are intended to help the workshop facilitators/coordinators to understand and achieve the learning objectives of the workshop through the discussions and exercises. The facilitators are tasked with monitoring and steering each session s learning process. Unlike a traditional teacher or trainer, they are not responsible for leading the groups to any specific conclusions or understanding. Rather, their responsibility is to create a space for workshop participants to mutually learn from the ideas and experiences; disagree within a safe and gender friendly environment and work together to come to a consensus. This can be achieved through careful pre-preparation of the training material, room set-up and other arrangements and by engaging in facilitation tactics that promote mutual respect, thoughtful discussion and an atmosphere of collaboration. B. Learning Objectives Inclusive, participatory, and horizontal leadership rests on the ability to engage in certain leadership strategies, most importantly: communication, listening, building consensus, creating shared meaning and developing learning partnerships. These strategies are among those addressed in the workshop sessions. At various points during the workshop you may wish to discuss the meaning and relevance of these concepts in greater detail. Communication: Effective communication is vital for leadership. Leaders must be skilled at conveying their ideas and goals to others. Good leaders are good at observing, listening, articulating, and communicating. For this reason, the workshop sessions emphasize strengthening communication skills. The initial sessions focus on self and personal communication skills and the later sessions address communication within teams and between institutions. Listening: Leaders get strength by listening to the perspectives and objectives of others. Listening is not confined to hearing what a supervisor, colleague, or competitor says but includes valuing and giving credit to their suggestions and opinions. An effective listener, like an effective leader, is one who learns from what she/he hears. Building Consensus: Building consensus is an important decision-making process for successful leadership. Through dialogue, individuals within groups, teams, or larger organizations come to understand the points upon which they agree. Decisions are formulated with a mutual understanding of options and possibilities. Where differences of opinion remain, no action is taken by the group. Although at times consensus building can be frustrating and time-consuming, it leads to agreed-upon decisions that everyone can support and follow. Creating Shared Meaning: Small groups and large institutions can benefit from the creation of shared meaning. Through dialogue, consensus building, and shared experience, a core set of values and principles evolves in which everyone has to some degree, participated in formulating and in which everyone has a stake. Shared meaning is an adaptive and flexible approach to goal setting that is influenced by a group's composition and the passage of time. When a group creates shared meaning, each member operates within a framework in which she/he shares ownership and responsibility. x
  • 12. Developing Learning Partnerships: The outcome of a partnership reflects the thinking and activities of its participants. An institution whose members execute directions efficiently and effectively is not a learning partnership if the participants do not question the relevance of their activities, evaluate their capacity for improvement, or share the lessons they have learned. Developing a learning partnership is an inwardlooking, collective-learning approach to institutional development. It involves self- awareness and selfreflection as well as group-awareness and group reflection for the individuals carrying out the partnership's purpose and activities. Hence, a learning partnership is one in which the participants interactions result in reflection, evaluation, and knowledge that enhances and/or accelerates reaching the partnership's objectives. Learning partnerships create dynamic, participatory, and highly productive working environments in which everyone gains knowledge while learning to increase their own and the partnership's capabilities. C. Role of the Facilitator: An effective facilitator listens and learns along with the workshop participants. Your role is to organize the meetings and guide the participants through the workshop exercises. You do not need to be an expert on leadership or know all the answers. Successful discussions will result in input from all the group members. Directing Conversation: Sometimes you may wish to steer the group's conversation in a new direction through thoughtful inquiry. Your job is not to direct the outcome of conversations but merely to steer the direction of the discussion while keeping in mind that there are no correct or more valid opinions. In this way you can ensure that everyone contributes to the learning and knowledge sharing. A good facilitator creates a trusting, neutral environment in which everyone feels safe to express their honest opinion without being judged or attacked. This includes helping participants to feel comfortable enough to disagree with others in a thoughtful and respectful manner. Do not be concerned if there are lengthy silences between comments. These periods are moments when participants can pause for reflection and summon the confidence to speak up. Stimulating Discussion: Sessions and questions throughout this manual have been posed to stimulate discussion and debate. The questions are meant only as guidelines to lead the group to explore diverse topics and themes. As long as the group is engaging in relevant and valuable discussions, you should feel free to let conversations deviate from the posed questions. Moreover, you may decide to use different methods of setting up the exercises or tactics for posing questions than are described in this manual. If you have identified individual participants who may be shy or lack the courage to speak up, you can always suggest your own opinion and ask one of them to comment on what you said. So long as you remain sensitive to the needs of the individual participants and to those of the group, are tactful and affirming, and share the responsibility for learning, you are partaking in effective facilitation. Keeping to the Agenda: At times, a facilitator can best guide a discussion by being an effective timekeeper and reminding the group of the session's agenda. Although workshop group sizes will vary, it is almost always helpful to encourage participants to keep their comments relatively short, not letting one person or a few people monopolize the conversation. This is particularly necessary for those exercises that involve interventions or storytelling from every participant. A diplomatic way to remind participants to keep their comments relevant to the topic being discussed is to direct your suggestions and instructions to the whole group rather than singling out an individual. Also, consider encouraging participants to listen to what the others are saying and to build upon previous comments. Sharing Responsibility: Though you are responsible for guiding each workshop session to completion, you xi
  • 13. do not need to be in charge of every activity or facilitate every discussion. Sharing responsibility can and should be part of organizing the workshop sessions. A simple step is to encourage participants to volunteer to take notes for the group, or to read aloud instructions or narratives from the manual, and/or to facilitate the discussions. Reassuring a participant that she should not worry about her spelling if she is taking notes, or her pronunciation if she is reading aloud, can go a long way toward making her feel comfortable and inspiring others to volunteer. Joining In: It is up to you whether you want to join in discussions or not. However, keep in mind that because you are organizing each session and are to some extent "in control," participants may give added weight to your opinions and suggestions. Therefore, it is important that you limit your interventions and that when you do express an opinion you qualify it as your own perspective and not the only perspective. Enjoying Yourself: Remember that you are also participating in the workshop to gain knowledge and to have fun. D. Workshop Participants: This training manual is designed for Government employees, employers and community representatives who can play an effective and efficient role in bringing about a positive change in organizations, institutions, policies and frameworks with respect to gender equality at workplace. Role of the Participants: Participants come to workshops for a variety of reasons, and with a wide spectrum of preconceptions and expectations about what will take place. Regardless of their level of experience or professional status, the participant s role is to be both student and teacher, to learn as well as to share knowledge. Workshop sessions are most successful when participants listen attentively, ask questions, and challenge assumptions. Participants are responsible for contributing to discussions, working collaboratively in partnerships or as part of a larger team, and evaluating the process and progress of the sessions. Everyone participating in the workshop will benefit by contributing to a gracious and respectful atmosphere during the workshop. E. Methodology Experiential Activities: A large number of experiential activities will be used to explain difficult concepts to participants with ease. The learning-by-doing exercises include energizers which will be used to achieve the learning objectives and maintain the interest of participants. Group Work: Participants will frequently be divided into groups and asked to complete tasks designed to facilitate their learning, including experience sharing and solving specific problems. Mentoring: In addition to group interactive workshop sessions a number of one-on-one coaching and mentoring sessions will be held which will allow participants to seek individual clarification on key concepts as well as gain feedback and suggestions for improvement. Energizers: Short interactive exercises will be implemented during the course of the workshop in order to break boredom as well as to stimulate learning. Energizers will provide participants with some laughter and energy allowing them to continue with the workshop with a refreshed and clearer focus. xii
  • 14. F. Material Required for the Training Sessions: Equipment and Aids: Multi-media/over-head projector & screen Still camera, video camera, reels of film and cassettes Flip-chart stand/ soft boards Check that all of these pieces of equipment are operational, placed in appropriate locations and easily visible, at least half an hour before the start of each session. Stationery: Permanent markers in 4 colors White Board Markers in 4 colors Flip charts White Board for Flip Charts Soft Board Spiral-bound notebooks / writing pads (including some spares) Double ring file with colored separators for handouts Ball pens and pencils Scissors Masking Tape (1 inch and 3 inches) Stapler with Pins Punch Machine Paper Clips Zopp Cards (4 colours) Brown sheets Glue sticks Thumb Pins Name tags Any other material required in a session. G. Prepare Handouts and Background Reading Materials: You will also find handouts in the manual that you can copy and distribute in the course of your training. In addition you can consult some other useful manuals and case studies which are available on several websites. H. Evaluation: At the end of every training course, you should ask participants to evaluate the training. The evaluation method can vary according to the length of the training course. If you have delivered a very short training course (e.g. one day), you could ask participants to take two coloured cards and to write down on one what I have learnt today , and on the other what I felt was missing today . After a longer training course, you may xiii
  • 15. find it more useful to distribute a questionnaire with questions regarding major training components that has to be filled in by participants. This allows participants to make a more detailed evaluation of the training. You should always analyze the results of such questionnaires carefully and take on board any useful comments. There is always scope for improvement in your next training course. I. Preparation for a Workshop: Session Objectives: Register the participants to the program Create a welcoming environment for the participants by introducing them to each other and the workshop team Steps: 1. Check the workshop room, seating arrangements, stationery and support materials for the workshop 2. Set-up a Registration Desk . Ensure that the Registration Desk is equipped with the following: a signboard that states Registration Desk and the title of the Workshop, material for the participants, Registration Forms (fill out the information for each trainee / participant, so that they do not have to fill out all the details, but can check and validate the given information). 3. As the participants arrive, have them sign against their names on the Registration Form. Hand out the Name Tags, and ask the participants to put them on. Ask the participants to proceed to the workshop hall. 4. Once all or the majority of the participants are seated in the workshop hall, invite the key stakeholders, i.e. counterpart/s, representative/s, and the Coordinator to make short opening and introductory speeches to explain the purpose, rationale, importance and objectives of the workshop. Make sure that the speakers are fully informed prior to the workshop about the objective, participants background, date, venue and time allocated for the speech. J. Session Zero: Getting to know each other Objectives: Participants will be able to; get to know each other and break down initial interpersonal communication barriers; address each other by their preferred name; describe basic characteristics of at least one person in the group; and express positive feelings about the expected outcomes of the workshop Methodology: Group work and plenary discussions Material: Paper strip with statement cut in half, flip charts, white board, permanent and board markers, handout of workshop objective and agenda. Duration: 60 minutes xiv
  • 16. Steps: 1. Distribute a slip of paper that contains a statement on any women s issue. The strip would have been cut in half in various ways so that each piece can only be matched with its original mate. For example: If you have not heard her story.......... or .........you have heard only half of history 2. Tell participants that they must find the matching half to the piece of paper they are holding. When they find the right match, they form a pair with the person who has the matching piece. Each person in the pair interviews the other to know answers to the following: What is your name? What does your name mean? Who gave it to you? What name do you prefer to be called? What kind of work do you do? How does your gender affect your life and work? 3. Now each person in each pair introduces his or her partner to the larger group. 4. The facilitator summarizes each pair s response and emphasizes the importance of participants remembering each other s names. 5. Ensure that the trainer and workshop coordination team has an opportunity to interact with everyone. 6. Tell the participants that a workshop is effective only when those who attend are assured that Trainers can meet their expectations. To give the participants some idea of the overall scope of this workshop, refer to the workshop title. 7. Tell the participants that as a first step they will identify and share their expectations from this workshop. Ask each participant to list on their writing pads at least three expectations. Give them 5-6 minutes for this task. When all the participants have noted their individual expectations, ask them to pair up in a buzz group and through a 5-minute discussion, shortlist three expectations. 8. Put up flip charts on the wall/board and after 5 minutes, ask each pair to contribute their expectations. 9. Now present the goal and objectives of the workshop within the context of the expectations identified and listed before. 10. Explain how the goal and objectives of the workshop are translated into the workshop agenda. Briefly detail the workshop agenda in a way that provides excitement, anticipation and encourages participants to invest in the workshop. Where possible align the agenda with the expectations of the participants. 11. Ask participants about the workshop norms and note on the flipcharts. Encourage participants to follow the norms throughout the workshop. xv
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  • 18. PART - 1 THE ART OF DELIVERING SESSIONS
  • 19. THE ART OF DELIVERING SESSIONS Opening Session : Understanding the Art of Delivering Sessions Introduction: This session intends to introduce the basic concepts of delivering training sessions in an effective and efficient manner. Objective: This session will: ? Introduce the key concepts of delivering training sessions ? Introduce the concept of designing new training sessions ? Help to design the presentations according to the training manual ? Discuss and polish the key skills to deliver training sessions Duration: 120 minutes Material: Multimedia projector and screen, written instructions, paper and pencils, paper and masking tape Methodology: Interactive discussions, role play, practical activities Preparation before Training: Activity Instructions Expected Results: Participants have sufficient knowledge and a clear idea regarding the basic concepts and skills required to conduct the training sessions in an efficient and effective manner. 03
  • 20. Opening Session: THE ART OF DELIVERING SESSIONS CONCEPT A training presentation is any organized activity designed to bring about change in an employee s on-the-job skills, knowledge, or attitude. Its purpose is to meet a specific need. ESTABLISH AND MAINTAIN CREDIBILTY A skilled trainer inspires learners to learn. By demonstrating expertise in the content area, using strong training skills, and describing clearly how the course goals and learning objectives relate to improving the learners work performance, the trainer establishes credibility and thus inspires learners. IMPORTANCE OF SESSIONS ? The presentation may be designed to help an employee acquire a new skill. Skills are psychomotor abilities such as the capability to operate a computer, to use a copier, to listen effectively, to write good business letters or to supervise staff. Skills are actions that can be acquired and observed. ? The presentation may be designed to provide an employee with additional knowledge. Knowledge is cognitive ability; it is what an employee understands and can apply to his/her job. Understanding the mechanics of market research or knowing the principles of accounting are examples of the knowledge necessary for certain jobs. Knowledge is less quantifiable and observable than skills. ? The presentation may be designed to affect an employee s attitude. You cannot teach attitude yet attitude is an important factor in the learning process and in the affective (feeling) domain. As a presenter, you may generally accept that how people feel about what they are doing and about the organization for which they work affects their performance. EFFECTIVE SESSION DESIGN The design of the training program can be undertaken only when a clear training objective has been produced. The training objective identifies what goal has to be achieved by the end of training program i.e. what the trainees are expected to be able to do at the end of their training. Training objectives assist trainers to design the training program. 1. The trainer: Before starting a training program, a trainer analyzes his/her technical, interpersonal, and judgmental skills in order to deliver quality content to trainees. 2. The trainees: A good training design requires close scrutiny of the trainees and their profiles. Age, experience, needs and expectations of the trainees are some of the important factors that affect training design. 3. Training climate: A good training climate comprises of ambience, tone, feelings, positive perception for training program, etc. When the climate is favorable it is likely that nothing will go wrong but when the climate is unfavorable, almost 04
  • 21. everything goes wrong. 4. Trainees learning style: The learning style, age, experience and educational background of trainees must be kept in mind in order to get the right pitch to the design of the program. 5. Training strategies: Once the training objective has been identified, the trainer translates it into specific training areas and modules. The trainer prepares a priority list of what must be included and what could be included. 6. Training Topics: After formulating a strategy, the trainer decides on the content to be delivered. Trainers break the content into headings, topics, ad modules. These topics and modules are then classified into information, knowledge, skills, and attitudes. The contents are then sequenced in the following manner: ? From simple to complex ? Topics are arranged in terms of their relative importance ? From the known to the unknown ? From the general to the specific ? Identify dependent relationships between topics Training tactics Once the objectives and the strategy of the training program are clear, the trainer is in a position to select the most appropriate methods and techniques. The selection method depends on the following factors: ? Trainees background ? Time allocated ? Style preference of the trainer ? Level of competence of the trainer ? Availability of facilities and resources. 7. Support facilities: These can be segregated into printed and audio-visual. The various requirements in a training program are white boards, flip charts, and markers. 8. Constraints: The various constraints that exist in the trainer s mind are: ? Time ? Accommodation, facilities and their availability ? Furnishings and equipment ? Budget ? Design of the training 05
  • 22. CHALLENGES FOR THE TRAINER Trainers need specific skills in order to run successful training sessions. 1. Conscious Confidence: A successful presenter, first of all, knows him/herself. Based on what they know about themselves, they develop their potential, their own style, and their self-esteem. Self-esteem is combination of: Self-knowledge: this is who I am Self confidence: this is what I can do Self-worth: what I can do and say is important. The presenter must first of all be conscious of personal style. Personal style is the way a presenter can interpret, organize and package a topic. Conscious means being aware of biases, attitude and language choices. A good presenter never speaks above the understanding level of the audience nor under estimates his/her audience. The presenter must be careful in selecting words, so there will be no embarrassment about the choice of terminology and expression. The presenter must feel that she/he is valuable and can make a unique contribution. 2. Fears and Fantasies: Fear is natural. We all have faced or will face a situation that provokes fears. Statistics prove that no one has ever died of the fear of making a presentation. The following are some of the greatest fears: Fear of failure: which is actually the fear of rejection? We fear being rejected by the audience and/or by our peers. Fear of success, which is actually a form of guilt. We feel guilty that we are successful when others are not. Or we feel guilty that our presentation was successful and forget that we worked hard at ensuring its success. Fear of catastrophic danger, which is the built in fight or flight instinct. This particular fear causes the physiological changes of increased heart rate, sweating and anxiety. Fear of the unknown: this is associated with the fear of change. Although change is an inevitable process of life, we do not naturally like it and certainly do not welcome change with the open arms. As humans we seek to maintain predictable patterns of behavior, and therefore to change is to become different and is sometimes feared. Handling fear correctly can serve as an energy boost to presenter presentation. The presenter can use the following tips to overcome fears during presentations: To feel brave. Concentrate on the subject of presentation. Plan to enjoy yourself. Do not call your feelings fear, call them excitement 06
  • 23. Do isometric exercises while waiting for your introduction. Curl your toes inside your shoes to release nervous energy. Concentrate on your breathing. Do not do deep-breathing exercises, but concentrate on breathing rhythmically. A trainer can manage fear by controlling the material that must be presented. In preparing a presentation, first limit the topic to one specific idea. Select specific material suited to that limited purpose. Arrange material, illustrations, examples, acts, and statistics in a coherent order. 3. Skills in developing rapport: A trainer who builds a good relationship with participants is more likely to succeed in engaging and communicating well with them. Practical ways to build a good relationship with participants include: knowing them by their first name, knowing their strengths and weaknesses and spending informal time with them during the course. A trainer should be able to relate to many types of people and be able to encourage them to contribute. A trainer who develops good rapport with participants is in a better position to encourage them to take responsibility for their own learning. 4. Cultural sensitivity: Trainers need to be aware of what views and approaches are acceptable in different cultures and how to adapt the training to reflect these views. For example, in some communities women do not stand to express their views in front of men, and if they do speak in front of men they do not face them. In that case the training could be adapted by sitting participants in small circles, with either men or women, and everyone (including the trainer) could remain seated while speaking. 5. Perception: Good trainers perceive participants verbal and non-verbal messages. During the training, it is useful to check that trainers and participants are communicating well and that participants understand the purpose and content of the training course. 6. Meeting expectations: Training usually has an agenda with specific learning outcomes. However, even if objectives and outcomes have been communicated well in advance, some participants may have different expectations. Before the training starts, ask participants about their expectations and try to ensure that these are addressed. If expectations cannot be addressed, explain why. Some expectations may go beyond your ability as a trainer or beyond the purpose of the training: do not hesitate to state your limits. 7. Group dynamics: Group dynamics (how people in the group relate to each other) are a key challenge. In all groups, the levels of skill, competency and responsibility will vary and this variation is often reflected in people s enthusiasm and level of participation. A trainer needs to acknowledge these differences and ensure that everyone is involved. 8. Physical environment: Trainers need to consider the physical environment. Should learning take place in a classroom or outside? How should seating be arranged? In a large circle or in several small circles? Do you have the materials you need for practical activities? Are there enough materials for all participants? 07
  • 24. 9. Time available: Mornings are a good time for learning theory, whereas afternoons and evenings, when people are often tired and find it harder to concentrate, are good for group work, practical activities or site visits. It is also important to build in time for breaks and meals and to be aware of any cultural needs (such as a break for prayers). If the course is residential, remember to include time for social activities, so participants can relax. 10. Dealing with dominating participants: There are several ways to deal with people who dominate discussions and activities: at the start, set ground rules that allow quieter members to contribute. For example, ask people to contribute only one idea at a time and then wait until three other people have contributed their ideas before speaking again. Address questions to the quieter members of the group. Engage dominant people in activities that make it clear that you value their contribution, but which keep them quiet (for example, asking them to write up notes of discussions on flip charts). Ask each member of the group in turn for their views on a subject. Dos and Don ts of Training The following dos and don ts should ALWAYS be kept in mind by the trainer during any learning session. DOs Do maintain good eye contact. Do prepare in advance. Do involve participants. Do use visual aids. Do speak clearly. Do speak loudly enough. Do encourage questions. Do recap at the end of each session. Do bridge from one topic to the next. Do encourage participation. Do write clearly and boldly. Do summarize. Do use logical sequencing of topics. Do use good time management. Do K.I.S. (Keep It Simple). Do give feedback. Do position visuals so everyone can see them. Do avoid distracting personal mannerisms and other distractions in the room. Do be aware of the participants body language. Do keep the group focused on the task. Do provide clear instructions. Do check to see if your instructions are understood. 08
  • 25. Do evaluate as you go. Do be patient. DON Ts Don t talk to the flip chart. Don t block the visual aids. Don t stand in one spot move around the room. Don t ignore the participants comments and feedback (verbal and non-verbal). Don t read from the curriculum. Don t shout at the participants. BREAKING THE ICE Introductions are a form of icebreaker, yet sometimes it is helpful to use an icebreaker activity. With large groups, it is not always easy to include an icebreaker or hold introductions, especially when a training starts late or takes place in classroom set-up, or if time is short. The trainer must exercise good judgment about time constraints and use common sense. However, it may be helpful to think about using an icebreaker if time permits and: Participants do not know each other well. A wide variety of positions, types of work, backgrounds and educational levels are represented in the audience. There might be tensions among participants. The audience is reasonably small. Participants are diverse. If using an icebreaker, here are a few tips: For a one-day or half-day training, keep icebreakers short and simple: ten minutes or less. Use icebreakers with a diversity theme. When the icebreaker is done, try and get participants to suggest the point of the exercise. When several have offered their views, synthesize them into a message. Most icebreakers are copyrighted materials. Many are available in books and other resources. TRAINING METHODS FOR TRAINER A trainer s primary role is to help participants learn. A good trainer encourages participants to discover things and learn for themselves. Three things can help to stimulate participants curiosity: Involving people as active participants in the learning process, rather than passive recipients of information. Ensuring the training is relevant to the participants day-to-day work. Using a variety of media and methods. When planning a training, always focus on the training objectives or learning outcomes. These are what you want people to learn and what the participants need. When considering what training methods to use, consider which method is best suited to what you are trying to communicate. For example, when training people to give mouth to mouth resuscitation is it best to use pictures, a lecture, handouts or a demonstration 09
  • 26. using a model? The training methods you choose should also reflect the needs and abilities of the participants. For example, there is no point in giving people lots of handouts if they have difficulty reading. 1. Talks and lectures Talks and lectures given by a trainer help the trainer to pass on information in a pre-planned and organized manner. However, they can become boring for participants unless they are kept short and are well delivered. When preparing a talk or lecture break down what you want to say into a number of points. Keep it short, illustrate your talk with visual aids, write down your talk or use prompt cards. Don t make it up on the spot. 2. Discussions To be useful, a discussion has to involve participants. To ensure that this happens, trainers and participants must agree on ground rules for the discussion. The best way to do this is to ask the group what they think the ground rules should be, and then write them on a large piece of paper where everyone can see them. The trainer and participants can then remind people of the ground rules if they are broken during the discussion. Ground rules may include statements like: respect opinions only one person should talk at a time keep to the subject no shouting everyone should contribute. Discussions are more successful if they have a purpose and a focus. Discussions that are too general often result in people going off the subject. To focus a discussion, start it by using a visual aid, a video or some other training materials. Then ask questions like: What is happening in the picture/video? Why is this happening? Have you experienced things like this in your work? Discussions are useful because they enable participants to: learn from each other ask questions about things they do not understand ask questions about things they are most interested in. The trainer s role is to encourage others to talk: a good trainer only talks a little and directs the discussions of participants. It is useful to note key points during the discussion and to summarize the main outcomes of a discussion at the end of the session. 3. Practical activities Practical activities may include a trainer showing participants how to do something; participants performing tasks while the trainer observes them, or site visits to see new equipment or facilities. Practical activities can help participants to relate training to their jobs. Practical activities can be used after a theory session, so people can put the theory they have learned into practice. The disadvantages of site visits are that the workplace can often be noisy and full of distractions or the people working there may be too busy to talk with participants, which can prevent participants from learning. Also, such visits can be time consuming and costly. 4. Role play Role play is the practice of participants or trainers acting out real life situations. 1. Demonstrate 10
  • 27. Role play can be used to demonstrate skills. Trainers can do this by taking part in the role play themselves, or by pointing out what participants do well and not so well in the role play. 2. Practice Role play can give people the chance to practice skills they have learned in training. 3. Stimulate discussion Role play can stimulate discussion and raise awareness. ADMINISTRATIVE ISSUES The presenter starts the presentation with a brief orientation about starting and ending times, breaks, telephone calls and messages. Here is an effective process: State the objectives of the presentation, timing and agenda. Acquaint the audience with the materials to be used and explain that the workbook is theirs to keep and to write in, and that each topic will be summarized on overheads and handouts. Provide an overview of the presentation, topics and subtopics and methodology. Address the expectations of the participants regarding assignments and levels of participation. TRAINING MATERIALS 1. Adapting training materials Training materials are usually designed for a well-defined audience or assumed use. These assumptions can include the age, sex or group profile of the participants or the objective for which the material has been defined. Materials may need to be adapted to suit particular participants or objectives. Materials make assumptions about trainers, including their ability to be creative and adapt the materials, to set an appropriate timetable for training, and to think of appropriate methods and questions. They also assume that trainers know their subject matter. To use training materials effectively, trainers should view using the materials as a means to an end and not an end in itself. Training materials are one tool at the trainer s disposal, but in themselves they do not constitute a training session. Before using any training material, trainers should ask themselves three questions: 1. Is using the material the best way to help participants understand the facts and so help me achieve my objective? 2. How much time does it need? 3. What adaptations do I need to make to the material to help it fit my objective? Try to test the material before using it in a training. This means discussing it with people you will be training, or their managers, to see if it is relevant and likely to meet their needs. As noted earlier, training that includes practical activities can be very successful. Most people learn more when they are doing something than when they are only listening. Selecting training materials and methods is very important. When choosing training activities, trainers should consider the needs of participants (e.g. are they literate, do they have traditions of story-telling or street theatre) and the resources available. Trainers should also consider the practical aspects of using different types of training materials. For example, if you plan to use videos in a training session make sure there is electricity and a television available. Similarly, if you plan to use a CD-ROM or the Internet make sure you have access to a computer. In many areas low-cost 09
  • 28. training aids are the best option. 2. Training manuals and books Training manuals and books are usually the main source of information for trainers. They can help trainers to get access to the expertise and knowledge of other people. They are useful for participants because they can be referred to after the training course. However, it is often too expensive to give each participant a training manual to take away. Trainers should bear in mind that manuals may need to be adapted to meet local needs. While many manuals and activity plans include suggestions that they should be adapted to meet local needs , this requires special skills and is very time consuming. Trainers themselves may need training in this area before they can adapt materials effectively. When adapting materials, remember the level of information that your participants need and will understand. Do not give them too little or too much information. Try to use training materials that: look attractive are easy to use that is, are simple, readable and understandable have illustrations that are clear and appropriate. 3. Visual aids Pictures, such as drawings, photographs, pictures cut out of books or magazines or other visual aids can help people to remember things. They can also be used to start discussions. Visual aids may be pictures, but they can also be real objects. Never use a picture if you can use the real thing. For example, do not show a picture of a condom if you can show a real condom. Visual aids can also be models. Other types of visual aids include: ? ? Flashcards: A series of cards, with words or pictures, which are shown to a group to stimulate discussion. ? Flip charts: Large sheets of paper with key points that can be used to stimulate discussion. ? Slides or overheads: Shown using a projector. When choosing visual aids remember to take into account local, social, cultural and religious beliefs and practices. Also, choose visual aids relevant to the topic of the training session, the experience of the participants and the size of the group. Sometimes it is best to use visual aids that are specifically designed for teaching. Sometimes people learn more when they create their own visual aids. ? Videos: Videos are useful for holding the attention of participants and generating discussion. Used on their own they are not effective as a method of teaching, but they can be used with other methods. They are also useful for introducing a subject. Before showing a video explain what it is about, and discuss it with participants afterwards. Videos often come with facilitator guides that contain background information, questions to use in a training session and suggestions for activities. There are practical considerations when showing a video: a video shown on a small screen is not suitable for a group of more than 20 people and videos need to be shown in a darkened area. ? 12 Wall charts: Pictures, diagrams or graphs that are put on a wall. They can include more information than posters because the trainer is there to explain them. CD-ROMs: CD-ROMs (compact disc read-only memory) can be a useful training tool if you have access to computers. CD-ROMs can hold up to 360,000 printed pages of text and are a popular way of storing large collections of information such as databases and encyclopedias. Some CD-ROMs include audio and interactive material, and question and answer sessions that can help to assess
  • 29. how much people have learned. Remember if you have 10 participants and only one computer, not all participants will be able to see the screen if the computer is used in a group activity. Instead, if possible, let participants take turns using the computer during breaks or after the training finishes for the day. ? Handouts: There are many types of handouts. They can be a brief written summary of points made during the training or additional background information on a subject (this may be a photocopied page from a book). These types of handouts are usually given out after talks. Others, such as those explaining an activity or practical task, are given out at the beginning of a training session. Handouts can usefully include diagrams. Tips for using summary handouts: + Tell people that you will give them a handout at the end of the talk, so they listen to you rather than spend time trying to write notes. + Handouts should only be used in conjunction with other training methods, such as a talk. + Think of summary handouts as reminders. Keep them short and simple. TIME CONSIDERATIONS Running Ahead: Your presentation sets up a dialogue with the audience. Establish your presentation pace but be sensitive to the listening/learning rates of the audience. As they respond to you, make small adjustments in your script and your style of delivery, tailoring it to their responses. It is necessary to establish an appropriate sense of timing and maintain a teaching rhythm to define your objectives and process, as well as to be appropriate for the needs of your audience. If the thing you dread most happens - if the audience seems bored - move faster and risk more, not less. Find a few sympathetic faces and judge their responses. Raise the dramatic level of your delivery. More frequent breaks may improve the flow of a presentation, if, for example, there is only one 15- minute break in the morning and one in the afternoon. There should be five to seven minutes breaks in every hour, along with controlled stretch breaks where participants can do stand-up activities. Audiences feel more fresh and energized if they have taken multiple shorter breaks as a result of changes in pace and physical position. The afternoon is the worst time of the day, and the first fifteen minutes after lunch is biggest challenge. Some common problems are: Digesting large lunches Sense of the timetable is lost so people arrive late All morning material escapes the memory Energy levels are at their lowest point. Some way to overcome this problem: Review the previous material and introduce new material Create small work groups Assign a problem-solving task for participants to work on which they must share with the entire group. Another way to energize the group is to get them to greet each other and to take the time to say hello. 13
  • 30. FINAL CLOSING All trainers hope to end their presentations at the planned time. To ensure success, remember the 2P s: PLANNING and PACING 1. Planning: This means having a firm understanding of where the trainer wants to be at the end of the presentation and an understanding of each step that the trainer should take to get there at the right time. 2. Pacing: This requires a sense of rhythm and an understanding your natural speaking pattern. Do you time your pauses? Do you speak fluently or haltingly? Are you speaking too fast or too slow? EVALUATION AND FEED BACK Using evaluations can help trainers to improve existing training courses and plan future training. Follow-up and support can help to ensure that participants use the skills they have learnt in their everyday work. Evaluation is also crucial for providing further information about future training. If your training has been well received and has resulted in positive changes in how people do their jobs, then it has clearly been a success and is worth repeating. On the other hand, if participants say they did not like the training and it has no effect on how they do their jobs, then the training needs to be changed. Sometimes evaluating training also might result in further new training needs being identified. Here are some questions to ask when evaluating a training: Did you (the trainer) think the training went well? Did participants enjoy the training? Did participants learn from the training? Can they clearly describe what they have learned and think of ways to apply what they have learned? Has the training changed how participants do their jobs? The evaluation methods we look at in this manual are ways of asking some of these questions. Evaluation can take place during a course, either at the end of a session or at the end of a course. Participants can provide their opinions by filling in questionnaires or having a short discussion about what they have learnt. Trainers can use these to assess whether the learning objectives have been met. Using a questionnaire at the end of the course gives participants the chance to reflect on a series of sessions. The success of on-the-job application of the training, as well as the program itself, is then communicated to the organization whose employees or volunteers have participated in the training. 14
  • 31. PART - 2 Gender Concepts, Gender Equality and Green Jobs Role of ILO in Gender Equality & Mainstreaming
  • 32. Session 1: Understanding the Gender Concepts 17
  • 33. Session 1: Understanding the Gender Concepts Introduction: This session will introduce the basic concepts of gender, gender issues and the reasoning behind these concepts and issues. Objectives: This session will: ? Introduce the key concepts of gender, why and how gender issues arise, and how gender equality can be attained; ? Introduce the concept of a gender lens through which participants may review socio-economic development; ? Help participants clarify their personal beliefs about the roles of men and women; ? Discuss the difference between sex and gender Duration: 90 minutes Material: Multimedia projector and screen, written instructions, paper and pencils, a small prize for winner(s), paper and masking tape, Handouts # 1,2,3,4,5,6 and 7 Methodology: Case Study; Exercise; Presentation; Plenary Discussion Preparation before Training: ? Prepare Photocopies of the Handouts ? Activity Instructions ? Prepare Power Point Slides Expected Results: Participants have sufficient knowledge and a clear idea of the basic concepts behind the word Gender and the issues linked to it. 19
  • 34. Process / Steps: Generating Interest in Topic 1. Ask participants to share their knowledge regarding the commonly known word Gender . 2. Note all the points on the flip chart and facilitate to finalize the definition of gender. 3. Engage participants in an drawing game activity. Distribute written instructions (prepared ahead of time) that they are to read silently about the required illustration. Tell them that they are not allowed to ask questions. Activity Instructions: Think of a farming community you know, maybe your village. Now imagine a farmer working in a farm or a field. Draw that farmer with the background scenery as you like. Try to be as realistic as you can in illustrating clothing, hats, farming implements and activities. After finishing the picture, please write down the farmer s name and your name. 4. Invite participants to paste their drawings on the wall to observe the characteristics of men and women. 5. Conclude by saying that the drawings represent the participants subconscious views about farm work and farming. Calculate the percentage of drawings in which the farmer is described as a woman, as opposed to the percentage that show the farmer as a man and share this information with the group. (Typically there will be many more depictions of farmers as men than there are of women.) 6. Once both lists have been reviewed, reverse the headings, so that what was man becomes woman , and what was woman becomes man . Now again ask participants if the characteristic under the new columns still apply. Generate a lively discussion pointing out that while most traits and characteristics apply to both men and women, there are some which don t, i.e. breast feeding and child bearing for women, and having a beard and a deep voice for man. Explain that sex is determined on the basis of the biological characteristics of men and women, (e.g. when on a form or passport you are asked to specify sex ). Trainers Notes: Hints for the conclusion for statement # 1 This exercise is about our own opinions. There is no right or wrong answer. One thing to remember, however, is that when we refer to women as flowers, we are only talking about one of women's multifaceted roles. By ignoring women's role as producers, we may be perpetuating a view that devalues women's contributions. Trainers Notes: Hints for the conclusion for statement # 2 Sex should not be a determining factor of a person's ability to function well in a job. Except for a few tasks that require particularly hard physical labor, there is no proven physical reason why women cannot be good engineers. Similarly, there is no reason to believe that certain jobs or tasks should be reserved for women, such as dressmaking or making artificial flowers. On the contrary, if these tasks all go to women, men who might excel in these endeavors will be deprived of the opportunity to do so. Trainers Notes: Hints for the conclusion for statement # 3 Women are child bearers and breast feeders. Their natural (biological) parenting skills stop there. Skills are acquired early in life, through looking after siblings, nieces, nephews, etc. Therefore, to say that only women can look after children would be misleading. In fact, women who take good care of children do so because 20
  • 35. they have had a lot of "workshop" experience from an early age. Boys could also benefit from participating in caring for younger children. Most importantly, when men take an active part in childcare they develop good qualities, such as tenderness and patience, and experience the real joy of fatherhood. Trainers Notes: Hints for the conclusion for statement # 4 Experience has shown that in families where women and men respect each other and share leadership, mutual respect and happy family life result. Some women excel in traditionally male domains. Some men are inclined toward activities traditionally reserved for woman. Rigid definitions for men's versus women's work are unnecessary and unnatural. It makes sense to train women to be leaders so that they will be capable of sharing this important responsibility with men. 7. Tell participants that they will do another activity for better understanding. Tape a sheet of paper marked AGREE on one wall of the room and a sheet marked DISAGREE on the opposite side of the room. Tell the participants that you will be reading aloud a series of statements about the roles and status of women. As each statement is read, participants are to decide whether they agree or disagree and move quickly to the wall that indicates the opinion they favour. Those groups together under the same sign will discuss their reasons for agreeing or disagreeing and appoint a reporter to share their reasons with the other groups. 8. Read the first statement and point to it on the slide. The participants should decide whether they agree or disagree and move to the appropriate wall. Allow about 5 minutes for the group to discuss their positions among themselves, and then have the reporter from each group present the reasons that support the group s position. A debate of about 10 minutes should follow. The list of statements and a sample of arguments for and against each one are provided in Handout # 1-5 9. To conclude this activity/exercise, point out that the statements, like the ones presented, reflect the beliefs of members of the general population about the roles and status of men and women, and that an individual s beliefs are generally influenced by traditional societal views. However, society is constantly changing, and the roles and status of women are changing with it. When talking about women it is important to remember that women are people with potential and limitations just like men. It is time to pause and reconsider the status of women and men in today's society and the value of the roles they are assigned 10. Present the video http://www.youtube.com/watch?v=YiwWS2atEmc (Courtesy Youtube) and ask participants to analyze their understanding of the difference between sex and gender, based on this video. 11. Present the Video http://www.youtube.com/watch?v=pF1j22x-yU8 (Courtesy Youtube) and ask participants to analyze their understanding of the predefined roles of men and women and the role of the society in determining those roles. 12. Distribute Handout #6 and facilitate a discussion about what each of these terms means. Make sure participants understand that characteristics based on sex are true of all members of that sex and are usually unchangeable, while characteristics based on gender are usually not true of all members of a given sex and are typically things that can be changed. Finally, tell participants to review Handout #7 and make any changes they want, to their initial responses. Then give the correct answers. 13. Show the participants the video http://www.youtube.com/watch?v=1kLHZ2xGmUk&feature=related (Courtesy Youtube) 14. Ask participants where they first acquired instructions about what they can do, what they can wear and how they can and should behave as a man or a woman. Brainstorm the list of institutions that do this, and briefly cover some of the key messages promoted by each institution: 21
  • 36. Family and Mohallah (neighbourhood) Parents and parental figures give messages such as: do not talk too much; do not ask questions; girls should not be given independence; boys must learn well so that they can get a job to support their parents. Political and Legal Most decision-making systems such as the panchayat (a village council), are generally male dominated, giving a message that decision-making is a man s role. Similarly, evidence from two women is equal to that of one man, thus elevating the status and worth of men. School Books Books show visual images of what a girl/woman can/cannot do and what a boy/man can/cannot do, what a girl/woman can have and what a boy/man can have, e.g. books such as Banoo ka Ghar and Dara ka Gaon . Workplace These are male dominated environments, where men generally make the rules and decide who will do what, and who will have what. In many offices, there are very few facilities (toilets, computers, telephone), and of what is available, hardly any are reserved for women and their specific needs, thus signaling that these are not places where women belong. Religious Institutions Through their interpretation of the Quran, such institutions influence society s thinking about the status of women in relation to men. Properly informed institutions can make appropriate changes in the society for women as per the enormous rights given to women in Islam. Media (songs, radio, poems, TV) The media project an image of a man and woman. Through songs, dramas, advertisements, talk shows it builds the image of a good man and a good woman. 22
  • 37. HANDOUT #1 STATEMENTS ABOUT WOMEN 1. "Women are flowers of the world" 2. "Women can be as good engineers as men" 3. "Men can take care of babies as well as women can" Men are the elephant's front legs, and women are its hind legs" 23
  • 38. HANDOUT #2 "Women are the Flowers of the World" Agree Disagree Women are like flowers.They attract By saying women are flowers, we reduce many people by their different styles of them to mere decorative items with no real dress similar to flowers (with their value, except to be seen and admired. different forms and colors). Women have multifaceted roles to perform. Women are beautiful in every way. These roles are very important for the survival of a family and society.They must not be ignored. Women play an important reproductive Women also have a productive role and roles like flowers. support the family economically. Without women, the world would be a very dull place. Women are multi -talented; they can be roots, stems, leaves, branches, etc.; not just flowers. Women ma ke life pleasant for the family as do flowers, which bring s pleasure to on a pedestal, be confined and fade away. those who see them. 24 If women were flowers, they would be put They would not have a chance to grow.
  • 39. HANDOUT #3 "Women Can Be As Good Engineers as Men" Agree Disagree Women are careful and good at Women are not technologically detailed work. inclined by nature. In some countries, women make up Engineering takes a lot of intelligence almost half of the total number of and concentration. It is too engineers. complicated for women. Given equal opportunities for The work is too hard, and women are education and workshop, women can physically weaker than men. be as successful as men. Some women are engineers and Women's nature is not conducive to function well.T here is no reason to engineering work.That's why there believe that this job is "unnatural" to are not many women engineers. women. Given enough role models for women, there will surely be more women engineers. 25
  • 40. HANDOUT #4 ''Men Can Take Care of Babies as Well as Women Can Agree If a man wants to and gets an Disagree Women are good at childcare because opportunity to learn to raise they have so much experience caring for babies, he can be good at it. other people's children before they have their own. Men typically do not have that opportunity Intensive involvement of men in Women have natural maternal instincts. child rearing will help children Only women can breastfeed. become more balanced. More and more men are taking By carrying the baby for nine months, care of young children and mothers have a closer natural link with the doing a good job.This can be baby. done! As more women work outside Men have not and cannot develop the the home, it will become gentleness and sensitivity required in necessary for more men to help raising children. raise children. 26
  • 41. HANDOUT #5 ''Men are the Elephant's Front Legs, and Women are its Hind Legs Agree Disagree Men are heads of their families. Nowadays more and more women earn their They earn an income to support own income and support families.Their their families. contribution to the well-being of the family is as important as that of men. Fathers and mothers need mutual support like an elephant that cannot walk on its front or hind legs alone. Men are better at making Women have been Prime Ministers of nations decisions. and good leaders in many other areas; there just aren't enough of them. Women are weaker, so men If women were inherently inferior, we would should take the lead to protect never have examples of women with initiative them. and courage. Men are freer to go around and Limited mobility of women comes with culture. therefore more equipped to In many societies, this limitation has decreased. lead. Women have shown they can be in control of their movement and available to perform their tasks. Men are physically stronger. Some tasks are too physically demanding for women. But women have been active in wars alongside men. 27
  • 42. Information to Share HANDOUT # 6 Sex versus Gender Sex Gender roles are created by societies: they are not biological and they vary from generation to generation, time to time and culture to culture. Sex identifies the biological differences between women and men. Gender Gender is the culturally-specific set of characteristics that explains the social behavior of women and men and the RELATIONSHIP between them, hence it is not a simple reference towards the masculinity or femininity but to the socially constructed relationship between them. Gender is an analytical tool for understanding social processes. Gender refers to the economic, social and cultural attributes and opportunities associated with being male or female. Gender differs from sex in that it is social and cultural, rather than biological. Gender attributes differ from society to society, and change over time. Gender attributes are shaped by the economy, by religion, by culture and by traditional values. Distinction between Sex and Gender Sex Universal Different Unchanging Dynamic Given Learned Biologically Determined 28 Gender Socially Constructed
  • 43. HANDOUT # 7 Gender versus Sex: An Analytical Tool Many people confuse the terms "sex" and "gender" or aren't sure about the exact meaning. This tool is designed to help us reach a simple, common understanding of the two terms. Without going into the truth or falseness of the statements below, indicate next to each whether you believe it to be about sex or about gender. Place a tick in the appropriate box. Statement 1. 2. Women earn less money than men do Men can't cook 3. Women have larger breasts than men 4. A husband cannot follow his wife 5. Girls drop out of school more than boys do 6. In most Pakistani traditions, women do not own land. 7. A man is the head of the household 8. It is not the job of the father to change nappies 9. Gender Sex Men don't cry 10. Girls dress in pink, boys dress in blue 11. A wife cannot initiate sex with her husband 12. Women menstruate, men don't 13. There are more male leaders than female leaders 14. A girl cannot propose marriage to a boy 15. Women cannot be religious leaders 16. Women are natural child care provider s 17. There are more male miners than female mi ners 18. A man cannot get pregnant 19. The man is the breadwinner 20. Men make good doctors, women make good nurses 29
  • 44. Session 2: ILO’s Role in Promoting Gender Equality at Workplace 30
  • 45. Tile of Session: ILO s Role in Promoting Gender Equality at the Workplace Introduction This session intends to focus on the basic concept of gender equality and the efforts made by the ILO to ensure that gender equality is maintained at the workplace globally and within Pakistan. Objectives To introduce participants to the ILO s agenda to promote gender equality at workplace and the efforts m a d e through different Conventions and collaborations with governments at the global level and at the national level in Pakistan. ? To introduce participants to the various ILO Conventions and internationally made efforts and their implications in Pakistan and across the world. Duration 125 minutes Material Markers, Flip Charts, Handouts, Notepads and Ball Pens, Multimedia, Power Point Slides Methodology Brainstorming, demonstration, group work and interactive discussions Preparation before Training ? Prepare Photocopies of the Handouts ? Prepare Power Point Slides Expected Results Participants will be well aware of the ILO s remarkable efforts to promote and ensure gender equality at the workplace through a number of Conventions, policy reforms, seminars and collaboration with Governments. 31
  • 46. Process: Generating Interest in Topic STEP-1: Demonstration-I (40 Minutes) 1. Introduce participants to the session title and its objectives. 2. Invite participants to generate ideas for defining gender equality through brainstorming and note important points on white board. (In this regard, appreciate practical examples from participants) 3. Present Power Point slide on the definition of gender equality at the workplace. 4. Share the ILO video on decent work http://wn.com/ILO_Asian_Decent_Work_Decade_launch_video 5. Share the current global situation of gender equality at the workplace to upgrade the participants knowledge on the issue. 6. Interactively introduce the ILO and its efforts to promote gender equality around the world 7. Invite participants to present their learning. 8. Note important points and discuss them with participants to clarify the internationally made efforts of the ILO for the sake of gender equality at the workplace. 32
  • 47. Information to Share HANDOUT # 8: What is Gender Equality? Gender equality (also known as gender equity, gender egalitarianism, or sexual equality) is the goal of the equality of the genders or the sexes, stemming from a belief in the injustice of myriad forms of gender inequality. On the basis of the given definition, gender equality at the workplace can be defined as the provision of equal opportunities, treatment, social security and rights to all the men and women engaged in livelihood activities at their workplace, regarding their employment and family responsibilities. Equal opportunities consist of equal access for men and women in society to different activities including education, employment and health care. Equal treatment can be defined as there being no discrimination with regard to employment, vocational trainings and working conditions between men and women . This discrimination could be based on sex, colour, religion, political opinion or social origin. Regarding gender equality at workplaces specifically the following aspects are very important: Equal payment / remuneration for work of equal value Equal treatment in occupational social security schemes Equal treatment in access to employment, vocational training and promotion, and in working conditions. 33
  • 48. HANDOUT # 9 Gender Equality: The Situation Today in the World Women make up 50 percent of the global population. In meeting the challenges of tomorrow s economy, businesses cannot afford to overlook the talents offered by this half of the population. The employment rate for women is increasing faster than that of men, especially in countries where they have traditionally had a lower rate of employment. The rate has reached 53% globally (ILO 2004), which represents 42.1% of total salaried employment (ILO 2004). However, progress in reducing gender-based employment differences for high-status jobs and compensation gaps has been considerably slower (disparity in pay is estimated to be 15% in the European Union and nearly 20% in the United States), despite the remarkable rise in women's education levels. Even more so than other sectors, the pharmaceutical industry must take advantage of the enormous pool of talent women represent, in particular women with medical and pharmacy degrees across the globe. In France, women represent 56.6% of students graduating from medical school and 66.7% of pharmacy school graduates. In Europe, only 15% of researchers in industry are women even though they receive 55% of the post-graduate degrees in this discipline (report on Women in Industrial Research). In South Asia, women have a large presence in key growth sectors, such as manufacturing and IT/IT-enabled sectors. Women are also emerging as the key work force in agriculture as men migrate in search of employment. Efforts to promote equal employment opportunities for women must be continued by combating, both directly and indirectly, the discrimination they may be victims of and by helping all employees to reconcile paid work and family responsibilities. In Pakistan, it is observed that despite significant progress over the last few years in terms of economic growth, there is still a significant gender imbalance in the labour market. Women s reported share of the national income in Pakistan is less than 20%, and their participation in the formal labour force is 22%. Women s low participation in the formal sector can be attributed to restrictions on their mobility, lack of access to productive and remunerative employment, systemic discrimination, and harassment. 34
  • 49. HANDOUT # 10 Introduction to International Labour Organization (ILO) The International Labour Organization (ILO) is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. The ILO formulates international labour standards in the form of Conventions and Recommendations setting minimum standards for basic labour rights i.e. freedom of association, the right to organize, collective bargaining, abolition of forced labour, equality of opportunity and treatment, and other standards regulating conditions across the entire spectrum of work related issues. It provides technical assistance primarily in the fields of: 1. Vocational training and vocational rehabilitation 2. Employment policy 3. Labour administration 4. Labour law and industrial relations 5. Working conditions 6. Management development 7. Cooperatives 8. Social security 9. Labour statistics 10. Occupational safety and health. The ILO promotes the development of independent employers' and workers' organizations and provides training and advisory services. Within the UN system, the ILO has a unique structure with workers and employers participating as equal partners with Governments. The Role of the ILO ILO standards cover a wide range of social and labour problems, including basic human rights issues such as freedom of association, the abolition of forced labour and child labour and the elimination of discrimination in employment. The majority of ILO Conventions and Recommendations apply equally to both men and women. However, some are of special concern to women workers. ILO standards, which have become the catalyst for new economic and legal norms affecting working women, cover the following areas: Equality of remuneration for equal work; Discrimination in employment and occupation; Maternity protection; Workers with family responsibilities; Special measures relating to night shifts and underground work Part-time work, and other health-related issues 35
  • 50. ILO Labour Standards of Relevance to Equal Opportunity and Treatment The ILO s standard-setting work in this area is based on two central concerns: 1. To guarantee equality of opportunity and treatment in access to training, employment, promotion, organization and decision-making, as well as securing equal conditions of remuneration, benefits, social security and welfare services provided in connection with employment. 2. 36 To protect women workers especially in relation to terms and conditions of work, occupational safety and health, and in relation to maternity.
  • 51. HANDOUT # 11 The Strategic Objectives of ILO The organizing theme of the ILO for the period 2002-05 was putting the decent work agenda into practice i.e:. Promote and realize standards, fundamental principles and rights at work: 1. Ending child labour 2. Changing normative action Create greater opportunities for women and men to secure decent employment and income 1. Employment policy support 2. Knowledge, skills and employability 3. Employment creation Enhance the coverage and effectiveness of social protection for all 1. Social security 2. Working conditions Strengthen tripartism and social dialogue 1. Social partners 2. Governments and institutions of social dialogue Cross-cutting activities 1. Shaping the ILO agenda: Decent Work: Inter-sectoral Operational Support 2. Shaping the ILO agenda: Gender equality 3. Expanding knowledge: Statistics 4. Expanding knowledge: International Institute for Labour Studies 5. Expanding knowledge: International Training Centre of the ILO, Turin. 6. Improving awareness of ILO perspectives: External relations and partnerships 7. Improving awareness of ILO perspectives: Communications. To meet its strategic objectives, the ILO has made numerous efforts globally to promote a society which is based on gender equality, particularly at the workplace. These efforts are seen in the form of certain projects and programs. In its efforts, the ILO also signed a MoU with the FAO in September 2004, which supplements the Cooperation Agreement (1947) and subsequent agreements, updates the framework for cooperation between the two organizations in order to meet the challenges of both globalization and the internationally 37
  • 52. agreed global development agenda, in particular the Millennium Development Goals (MDGs), and to enhance the effectiveness of the support provided by the two organizations to their members. Pakistan has been a Member Country of the ILO since its independence in 1947. Pakistan's tripartite delegation consisting of Representatives of its Government through the Ministry of Labour, Manpower, and Overseas Pakistanis, the Employers Association by Mr. Ashraf W. Tabani and the Workers Federations by Mr. Khurshid Ahmed, have been participating in the International Labour Conference of the ILO held in its headquarters in Geneva each year. Internationally, some of the ILO s efforts to promote gender equality at workplaces are: 1. Technical Cooperation Projects of the ILO At its 292nd session in March 2005, the ILO Governing Body requested the Director-General to: Increase, through technical cooperation, the capacity of ILO constituents and implementing partners to promote gender equality in the world of work . Technical cooperation is a principle means of action for achieving Decent Work outcomes and realizing the Decent Work Agenda at the country level. GENDER, which is the ILO Bureau for Gender Equality, implements technical cooperation projects in partnership with the ILO Gender Network to support capacity building of constituents on gender mainstreaming, conduct participatory gender audits and expand the ILO s global knowledge base on gender issues in the world of work. GENDER works with the Partnerships and Development Cooperation Department (PARDEV) to help ensure that gender equality is addressed in the policy orientation and operational aspects of all technical cooperation projects, as well as in partnership agreements with donors. This is in accordance with the objectives of the 2008 Declaration on Social Justice for Fair Globalization. Through knowledge-sharing initiatives, tools development and capacity building with the International Training Center, based in Turin, GENDER works to ensure that ILO constituents and staff members are better equipped to mainstream gender in the design and delivery of technical cooperation projects and programmes, including Decent Work Country Programmes (DWCPs). 2. ILO Toolkit for Mainstreaming Employment and Decent Work: Geneva (2007) Decent work has been defined by the ILO and endorsed by the international community as being productive work for women and men in conditions of freedom, equity, security and human dignity. Decent work involves opportunities for work which are productive and deliver a fair income; provide security in the workplace and social protection for workers and their families; offer better prospects for personal development and encourage social integration; give people the freedom to express their concerns, to organize and to participate in decisions that affect their lives; and guarantee equal opportunities and equal treatment for all. The Decent Work Agenda is a balanced and integrated programmatic approach to pursuing the objectives of full and productive employment and decent work for all at the global, regional, national, sectoral and local levels. It comprises four pillars, namely: Employment creation and enterprise development; 38
  • 53. Social protection; Standards and rights at work; Governance and social dialogue. The Toolkit for Mainstreaming Employment and Decent Work will be instrumental in fostering greater policy coherence and convergence across the broad range of interlinked actions of the multilateral system, in line with the international agenda agreed globally and subscribed to by all member countries. The Toolkit is designed to be a lens that agencies can look through to see how their policies, strategies, programmes and activities are interlinked with employment and decent work outcomes and how the agencies can enhance these outcomes by taking full account of the implications of their policies, strategies, programmes and activities for employment and decent work during the design stage, as well as while advising, assisting countries and constituents with regard to their adoption and implementation. The approach of the Toolkit is very similar to that adopted during the gender mainstreaming process in that it provides the user with a checklist of questions to raise awareness of the inter-linkages between decent work and the different themes and policy domains of the respective agencies. The objective of the Toolkit is to facilitate the assessment of linkages and the realization of the potential contribution of the policies, strategies, programmes and activities of the international agencies, individually and collectively, in terms of their employment and decent work outcomes. The Toolkit contains a list of key questions organized according to the four pillars of the Decent Work Agenda. 3. Gender Audit Manual in India (2008) The ILO developed a Gender Audit Manual for Promotion of Gender Equality at the Workplace at New Delhi, India on July 11, 2008. There is an acknowledgement that women are the backbone of the economies in South Asia. This is also reflected in the 11th Five Year Plan of India, which hails women as agents of economic and social growth. Both employers and Organizations have a significant role in ensuring that the jobs created are of good quality, productive and provide equal opportunities for both women and men. To this end, employers are increasing their efforts to create gender sensitive workplaces to help employees maximize their potential and productivity. One of the methods adopted by the ILO for promoting gender sensitive workplaces is a Participatory Gender Audit, which enables the audited unit to develop its capacity to fully understand the gender dimensions at work. Following the launch, the Council of Indian Employers (CIE), including the Standing Conference of Public Sector Enterprises (SCOPE), along with Employers and Organizations from Bangladesh and Nepal and civil society organizations in South Asia, participated in the panel discussion on the role of Gender Audits and Workplace Gender Equality Promotion. The discussion included ideas on how to promote a gender sensitive workplace. 4. Gender Equality for Decent Employment in Pakistan (2010-2014) This project, funded by the Canadian International Development Agency (CIDA), aims to promote employment and non-discrimination in the labour market for women in Pakistan. It aims to improve skills training and develop practical programmes to enhance women s ability to access 39
  • 54. markets and earn wages for their families. Coupled with support for changes in labour legislation to facilitate women s right to work outside of the home, the project will help ensure that women s efforts and their contributions to the national economy are counted and recognized. The project will focus on technical assistance at the Provincial and District levels and will provide women and men with information on business support services, linkages to micro-credit schemes, markets and better job opportunities. A significant component of the project will be training in skills for employment and entrepreneurship for up to 6,300 women and men in Pakistan. 5. Towards Gender Parity in Pakistan Project (TGP) The ILO in partnership with 14 other UN agencies started a joint project to ensure equal access to decent work and productive employment for women and men, recognizing this as essential for the sustainable eradication of poverty. 6. Implementing the Common Agenda for Gender Equality and Empowerment of Women in Algeria date The Common Programme for Gender Equality and Empowering Women in Algeria, designed in a participatory process that involved several Government Ministries and civil society organizations, is supported by seven UN entities: UNDP UNFPA, UNICEF, UNAIDS, ILO, UNIDO and UNIFEM. , 7. Joint UN Programme on Gender Equality for Uganda date The ILO s component under this programme aims to promote employment and non-discrimination against women in Uganda. 8. Promoting gender equality and preventing violence against women at the workplace in Bangladesh This project, funded under the Spanish MDG Achievement Fund, is a joint endeavor of UN agencies in Bangladesh to support the achievement of Millennium Development Goal 3 on gender equality. 9. Joint UN Project on Gender Equality in Vietnam date This project, funded by the Spanish MDG Achievement Fund, includes ILO and 11 other UN entities that will work in partnership with the Government of Vietnam. 10. Gender, poverty and employment in the context of the informal economies in Arab States - Phase II dates This project, funded by the Canada-based International Development Research Centre, aims to inform and raise awareness about the informal economy in the Arab States, with a focus on gender aspects. 40
  • 55. STEP-II Demonstration-II (60 Minutes) 1. Ask participants to share their knowledge regarding ILO s Conventions related to Gender Equality at workplace. 2. Note the relevant points made by the participants on a flip chart or white board. 3. If participants have no knowledge regarding the ILO Convention related to Gender Equality at the Workplace then elaborate on the ILO Convention in an interactive manner. 4. Present the status of the ILO s Conventions for the retifying states and share some of the important ILO Conventions with regard to gender equality at the workplace. Present all articles through Microsoft PowerPoint slides and briefly discuss each. 5. Discuss the advancements and actions taken by the Government of Pakistan due to these ILO Conventions. 41
  • 56. HANDOUT # 12 ILO Conventions on Gender Equality at the Workplace International Labour Standards (Conventions and Recommendations) are one of the ILO s primary means of action to improve the working and living conditions of women and men, and to promote equality in the workplace for all workers. ILO standards apply equally to women and men, with some exceptions, in particular those standards addressing issues relating to maternity and women s reproductive role. Following are some of the important conventions which directly discuss the equality of rights for all men and women at workplaces; Equal Remuneration Convention, 1951 (No. 100) defines equal remuneration as equal payments among men and women for work of equal value. In addition, the ILO Governing Body s Working Party on International Labour Standards in 1987 and the ILO Committee of Experts on the Application of Conventions and Recommendations in 1989 identified equality of treatment between men and women in matters of social security as requiring new international labour instruments. Furthermore, the Platform for Action adopted by the Fourth World Conference on Women 1995 also called for a review of social security systems to ensure equality within and/or between men and women. ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities. Maternity Protection Convention (Revised), 1952 (No. 103), and Recommendation No. 95 Employment Policy Convention, 1964 (No. 122), and Recommendation No. 122 Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169) Night Work (Women) Convention (Revised), 1948 (No. 89), Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 Home Work Convention, 1996 (No. 177), and Recommendation No. 184 Occupational Safety and Health Convention, 1981 (No. 155), Protocol of 2002 to the Occupational Safety and Health Convention, 1981, and Recommendation No. 164 The Government of Pakistan s Labour Policy 2010 includes the following: Women will also benefit from better information concerning their working conditions and arrangements in the informal economy, from improved maternity arrangements, codes of conduct relating to sexual harassment and, where possible, daycare arrangements for their children. The Government is committed to providing women with equal opportunities for employment and will re-examine existing legislation to ensure that women are not denied access to suitable jobs that are arising due to Pakistan s changing labour markets. 42
  • 57. STEP-III Personal Application (25 Minutes) Generate discussion among participants regarding the ILO s role in promoting gender equality through the following questions; 1. What is the significance of the ILO s Conventions and efforts to promote gender equality at the national and international levels? 2. What is the current situation in Pakistan regarding gender equality at the workplace and how can it be improved? Conclude the discussion by sharing the national collective agreement on gender protection and equality and national and international legal obligations in Pakistan. 43
  • 58. HANDOUT # 13 Gender Equality Policies in Pakistan at National Level: Gender equality policies at the workplace are mainly generated at the national level, via the single national collective agreement, which stipulates women s protection at the workplace in many respects, including the following: Working time The employer must permit women to continue in their previous job after the statutory two years of parental leave. Where women do not take parental leave, they may benefit from reduced working time (by up to two hours a day) or may request flexible working hours without any negative effects on their basic wages and seniority. Where their children are younger than six years and there is no kindergarten available, mothers may work half time, but this is considered full-time work for the purpose of calculating seniority. Working conditions Starting from the fifth month of pregnancy, women may not work during the night or be forced to work overtime, to travel for work purposes or to change their workplace without their consent. In companies with more than 50 employees, if women make up more than 20% of the workforce, the company s health and safety committee must include at least one woman. Payment system and other financial rights Equal payment is guaranteed for workers with the same educational background and position. The employer must make up for at least five weeks, the difference between the basic wage of women on maternity leave and the legal allowance for such leave. Employment policies In the event of workforce reductions, women may be made redundant only as a last resort if they have children or have less than three years until retirement. Work environment There are some provisions regarding the discouragement of sexual harassment at the workplace. At the sector/company level, collective agreements may introduce further gender equity measures, without reducing the minimum conditions noted above. Until now, no specific regulations have been introduced to support special equality plans at the company level, and no studies have been conducted on the issue, although gender-related studies have frequently been carried out by research institutes. Gender Reform Action Plans (GRAP) The Government of Pakistan (GOP) requested Asian Development Bank (ADB), in the year 2000, for Technical Assistance (TA) targeted at enhancing the technical capacity of the Federal Ministry of Women s Development, Social Welfare and Special Education (MOWD-SW-SE), the National Commission on the Status of Women (NSCW); and the Provincial Women Development Departments (WDDs) with the aim of fulfilling its national and international gender commitments. With support from ADB3, MOWD and Provincial Women s Development Departments -through a 44
  • 59. consultative process - one national and four provincial Gender Reform Action Plans (GRAPs) were prepared. These were aimed to fulfill the Government s commitment to addressing gender and governance issues. The GRAP process included identifying gender issues through situational analysis, followed by a process of learning and synthesis of ideas at workshops, meetings, and presentations. An important stage of the process was preparing pre-GRAP plans that focused on four areas of gender reforms: i. institutional structures, ii. women s political participation, iii. women s public sector employment, and iv. policy and budgetary reforms. GRAPs focused both on key reforms needed to enhance the participation of women in the governance sphere, as well as support for implementing these reforms. Through effective policy dialogue, the reforms aimed at bringing gender issues into the mainstream development discourse, including a wider acknowledgement of the importance of addressing gender inequality in Pakistan. One National and four Provincial GRAP documents were prepared under this support. National Commission for Status of Women (NCSW) The National Commission on the Status of Women (NCSW) strives to fulfill the promise of a life of dignity and justice to women of Pakistan. The Commission s mandate is to address the issues that affect the lives of women adversely by reviewing and analyzing the laws and policies and consequently formulating recommendations through dialogue and research to enable women to achieve a position of equity. The discrimination expressed in social issues is to be eliminated for a life of fulfillment. Our religion and the Constitution safeguard women s rights It is the implementation and practice that ignores the justice that is due. NCSW s basic concern is to create awareness at all levels and in all sections of society. The contemporary issues of life demand a sensible understanding. This could be achieved by accepting rather than negating the realities (i.e. that women s rights are articulated in religious and legal systems). The Commission endeavors to resolve this conflict between myth and reality. Women s rights are not something alien; they are human rights as enshrined in our value systems and they are not subjugated as individuals having a right to dignity. NCSW advocates that the potential of half of the population cannot be left unattended. In order to bring the women of Pakistan into the mainstream of development it becomes mandatory to revisit policies and laws. The Government of Pakistan has established this Commission to realize this end, in order to strengthen the national cause. All efforts of the NCSW are consciously directed to achieving this goal and to minimizing the roadblocks to justice and equity that refuse the women their natural rights. The Government of Pakistan set up the National Commission on the Status of Women in July 2000. The Commission consists of one Chairperson and twenty members having wide experience in socio-economic problems of women. The functions of the Commission are to: a. examine the policies, programmes and other measures taken by the Government for women s development and gender equality to assess implementation and make suitable recommendations to the concerned authorities where considered necessary for effective impact; 45
  • 60. b. review all laws, rules and regulations affecting the status and rights of women and suggest repeal, amendment or new legislation essential to eliminate discrimination, safeguard and promote the interests of women and achieve gender equality in accordance with the Constitution and obligations under international Covenants and commitments; c. monitor the mechanisms and institutional procedures for redress of violation of women's rights, individual grievances, and facilities for social care, and undertake initiatives for better management and efficient provision of justice and social services through the concerned forums and authorities; d. encourage and sponsor research to generate information, analysis and studies relating to women and gender issues to provide knowledge and awareness for rational policy and strategic action; e. develop and maintain interaction and dialogue with non-governmental organizations, experts and individuals in society and an active association with similar Commissions and institutions in other countries for collaboration and action to achieve gender equality and development at the national, regional and international levels; and f. any other function which may be assigned to it by the Federal Government. 46
  • 61. HANDOUT # 14 National and International Obligations and Legal Framework The Constitution of the Islamic Republic of Pakistan lays the foundation for a rights and commitment based approach to gender equality. The State is declared responsible for enabling the people to be engaged in employment, for ensuring just and humane conditions of work, for providing and facilitating employment as well as developing a social security system which covers infirmity, sickness and unemployment. It also precludes the possibility of any gender based discrimination. As regards international commitments relating to labour standards, Pakistan has ratified 34 ILO Conventions (33 in force) which include seven of the eight fundamental Conventions encompassing freedom of association (C87 & C98), the abolition of forced labour (C29 & C105), equality at work (C100 & C111) and the elimination of child labour (C182). Pakistan has also ratified the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Anti-Slavery Convention of the UN. The national laws controlling the incidence of child labour and bonded labour include the Employment of Children Act (1991) and the Bonded Labour System Abolition Act (1992). 47
  • 62. 48
  • 63. Session III: Gender Equality & Mainstreaming Tile of Session: Basics of Gender Equality & Mainstreaming Introduction: The session describes the basic concepts of gender equality and mainstreaming for a better understanding of frequently used terminologies. In addition, it also describes some important principles of gender mainstreaming. Objective: To enable participants understand the basic concepts and principles of gender equality and mainstreaming. Target Audience: The session is specifically designed for workers, employers and government officers. Time: 30 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball pens, Multimedia, Power Point Slides Methodology: Brainstorming, Interactive discussion, Presentation Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Power Point Slides Expected Results: Participants will be clear in their understanding on important concepts of gender equality, mainstreaming and the main principles of gender mainstreaming. 49
  • 64. Process: Generating Interest in Topic STEP-1 Demonstration (30 Minutes) 1. Ask participants to share their knowledge of the frequently used terminologies Gender Equality & Mainstreaming . 2. Note all the relevant points on the flip chart and encourage participation to refine the ideas. 3. Present slides on the concepts of Gender Equality & Mainstreaming and appreciate the participants involvement. 4. Present the principles of gender mainstreaming and generate a discussion. 5. Conclude the session by highlighting the importance of understanding these concepts for further work on gender issues. 50
  • 65. Information to Share Explain the basic concepts as given below; HANDOUT # 15 Basics of Gender Equality & Mainstreaming Equality between women and men (gender equality) refers to the equal rights, responsibilities and opportunities of women, men, girls and boys. Equality does not mean that women and men will be considered the same but that women s and men s rights, responsibilities and opportunities will not depend on whether they were born male or female. Gender equality implies that the interests, needs and priorities of both women and men are taken into consideration, while recognizing the diversity of different groups of women and men. Gender equality is not a women s issue but should concern and fully engage men as well as women. Equality between women and men is seen both as a human rights issue and as a precondition for, and indicator of, sustainable peoplecentered development. Gender mainstreaming is a globally accepted strategy for promoting gender equality. Mainstreaming is not an end in itself but a strategy, an approach, a means to achieve the goal of gender equality. Mainstreaming ensures that gender perspectives and attention to the goal of gender equality are central to all activities policy development, research, advocacy/ dialogue, legislation, resource allocation, and planning, implementation and monitoring of programmes and projects. Basic Principles of Mainstreaming Responsibility for implementing the mainstreaming strategy is system-wide, and rests at the highest levels within agencies, according to Carolyn Hannan, Director of the UN Division for the Advancement of Women. Other principles include: Adequate accountability mechanisms for monitoring progress need to be established. The initial identification of issues and problems across all area(s) of activity should be such that gender differences and disparities can be diagnosed. Assumptions that issues or problems are neutral from a gender-equality perspective should never be made. Gender analysis should always be carried out. Clear political will and allocation of adequate resources for mainstreaming, including additional financial and human resources if necessary, are important for translating the concept into practice. Gender mainstreaming requires that efforts be made to broaden women's equitable participation at all levels of decision-making. Mainstreaming does not replace the need for targeted, women-specific policies and programmes, and positive legislation; nor does it do away with the need for gender units or focal points. 51
  • 66. Session 4: Main Issues in the Labour Market of Pakistan Regarding Gender Equality 52
  • 67. Session IV: Main Issues in the Labour Market of Pakistan Regarding Gender Equality Tile of Session: Main Issues in Labour Market Regarding Gender Equality Introduction: This session reveals the main issues in the labour market of Pakistan in terms of gender. The picture is depicted through providing details of the national market scenario and the Plan of Action through the Labour Policy of the Government of Pakistan. Objectives: ? To provide qualitative and quantitative information on the main issues in the labour market of Pakistan. ? To highlight the measures in the Plan of Action through the Labour Policy. Target Audience: The session is specifically designed for workers, employers and Government officers. Duration: 60 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides Methodology: Brainstorming, demonstration, interactive discussion Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Results: Participants will be well-informed regarding major issues in the labour markets of Pakistan and the important measures taken through the Plan of Action by the Labour Policy. 53
  • 68. Process: Generating Interest in the Topic STEP-I: Demonstration (60 Minutes) 1. Introduce and share important information regarding gender equality in labour markets. 2. Invite participants to form ideas and share experiences, if any, regarding gender issues in the labour market and workplaces in Pakistan. 3. Note important relevant points and discuss Pakistan s perspective regarding gender equality & gender issues at workplace. 4. Divide participants into groups and ask them to prepare a presentation on solutions to address gender issues, so that women can better contribute to the economy of Pakistan. 5. Invite each group for presentation and appreciate the important points among presentations. 6. Conclude the session through highlighting women s empowerment principles and responding to the relevant questions raised by the participants. This session can be conducted with the case scenario (role play, case study) regarding issues in labour markets and solutions. For the ILO, gender equality means that men and women have equal human and workers rights, for work of equal value and there is a fair distribution of work-load, responsibilities, opportunities and income earning. Equality between men and women in employment is not only a right but a smart thing to do. Following is the Gender Profile of the labour force in Pakistan (LFS 2007-08); Out of the total population of Pakistan age 10 and above, 51% are males and 49% are females. Out of the total civilian labour force, 78.8% are males and only 21.2% are females. Out of the total male civilian labour force, 62% are literate whereas out of the total female civilian labour force, only 24% are literate while 76% are illiterate. Out of the total employed persons, 79.6% are males and 20.4% are females. The male labour force participation rate is 69.5% and the female labour force participation rate is 19.6%. The unemployment rate for males is 4.3% and for females it is 8.5%. About 75% of the total employed women are working in the agriculture sector as compared to 37% of the employed males. Out of the total employed women in the non-agriculture sector, about 73% are working in the informal sector and only 27% are working in the formal sector. Out of the total employed female persons, 0.05% are working in the employment status category as employers, 12.8% as self-employed, 22.1% as employees and 65% as unpaid family helpers. Out of the total employed male persons, 1.2% are working in the employment status category as employers, 39.6% as self-employed, 39.5% as employees and only 19.6% as unpaid family helpers. Out of the total employed persons in the occupation group of legislators, senior officials & managers, 97% are males & only 3% are females. 54
  • 69. Information to Share Explain the information as given below; HANDOUT #16 Gender Equality Issues in theLabour Market The patterns of work followed by men and women are different from each other and it is usually not mentioned in official reports that women s entitlement is generally lower than that of men. Women have less access to resources and less attention is given to addressing gender equality. At a macroeconomic level, there is no policy that expresses inequality between men s and women s position and social status. This brings about gender gaps. For example, when girls reach adolescence they are expected to spend more time in household activities, whereas boys spend more time outside to perform economic activities such as farming and other waged work. When girls and boys reach adulthood, women generally work longer hours than men, have less experience in the labour force, earn less and have less leisure, recreation or rest time. They spend most of the day in managing household work, caring for children, cooking, carrying water that can be difficult to obtain, collecting fuel wood etc. In most countries, women work longer but are paid less than men and are more likely to live in poverty. Women are not only engaged in unpaid domestic work but are also involved in paid labour. In many countries women are engaged in agricultural and livestock related economic activities. To reduce gender inequality it is essential to increase women's economic security, defeating poverty and fostering sustainable development and growth. Usually women represent the majority of the poor working class in almost all regions. 55
  • 70. Gender inequality in the labour market is manifested by: Occupational isolation, Gender-based wage gaps, Women's unequal representation in informal employment, unpaid work and higher unemployment rates. Several factors contribute to gender inequality; Undervaluation of women's work, Women s intermittent career paths, Expectations that women must balance work and family life, Legal and traditional restrictions or prohibitions against women engaging in certain types of work are in practice in some countries, Women s access to less paid employment than men, Women are paid less than men, even for similar kinds of work, Women s irregularity in getting and keeping regular jobs, Women have little financial security and few social benefits, Women are less likely to secure higher paying jobs for a variety of reasons, including discriminatory stereotyping, Women are not as available for full-time work due to greater family responsibilities, The rights of women workers are often overlooked or denied in most countries, Women mat face sexual harassment and/or assault during work, Women s mobility may be restricted, Women have less say in decision-making within and outside the household, Women may not be considered equal in a working relationship, Gender based violence and security issues, Non-availability of Daycare facilities, Accommodation is not close to the workplace, Less access to technical skills Limited career choices Gender Equality in Pakistan The Constitution of Islamic Republic of Pakistan gives equal rights to both women and men. However, in practice women are rarely equal to their male counterparts, as shown below in Pakistan s ranking in the world: 56
  • 71. Human Development Index (HDI) Gender Development Index (GDI) Gender Empowerment Measure (GEM) Education Index (EI) Human Poverty Index(HPI) Economic Participation Index (EPI) 135/177 151/156 82/93 167/177 68/103 126/128 According to the Human Development Report 2007/2008 the Gender Empowerment Measure (GEM) ranks Pakistan at 82 among 93 countries registered with UN. The GEM quantitatively measures the empowerment of women on a country basis. This indicator includes the measure of inequality in control over earned economic resources and participation in political and economic decision-making. As per the latest Human Development rankings (2007/2008) Pakistan, with the HDI ranking of 136 out of a total of 177 countries, fall in the band of Medium Human Development countries. According to the Global Gender Gap (GGG) report, the planet's ten-worst offenders are: Yemen, Chad, Pakistan, Nepal, Saudi Arabia, Benin, Morocco, Turkey, Egypt and Oman. According to Gender Development Index (GDI) Pakistan ranks 151 out of 156 countries, which is a severe situation regarding the gender development process. The GGG collects data from a total of 128 countries to develop a comprehensive, scientific index. The GGG under economic participation terms five of the worst-offenders being: Yemen, Saudi Arabia, Pakistan, Oman and Bahrain. Under educational attainment, the lowest indicators are from Chad, Yemen, Benin and Pakistan. For women, the Islamic Republic of Pakistan is reflected as one the worst of countries to live in; only Yemen and Chad are worse off. In economic participation, Pakistan is ranked 126 out of 128 whereas in the Human Poverty Index (HPI) Pakistan is ranked 68 out of 103. According to a 2005 Pakistan (Country Gender Assessment) carried out by the World Bank, there is the highest illiteracy level in South Asia, while school enrolment rates are the lowest. Gender gaps in literacy and school enrolment are significant as compared to neighboring and other lower-income countries. In Pakistan the Education Index (EI) Pakistan stands at 167 out of 177 countries. Since 2001, Pakistan has experienced some encouraging increases in economic growth, potentially paving the way to improving women s position in society. These efforts led to increased girls school enrolment, improved women s health, increases in women s participation in paid labour and improved inclusion of women in the political process. Pakistan has ratified the UN Convention on the Elimination of All Forms of Discrimination and has developed a National Plan of Action (1998) and a National Plan for Development and Empowerment of Women (2002) to implement the NPA. Labour Policy 2010: The social and economic well-being of the people is one of the principal objectives of the present Government. The Labour Policy, like policies in other fields, should also aim to attain the objectives in a manner best suited to the resources of the country and the present state of economy. There is an urgent need to revitalize the economy, requiring sustained efforts to increase the level of productivity, promote investment and maximize employment. There is an equally genuine requirement to create among workers and employers a better awareness of their 57
  • 72. obligations to the national objectives stated above. At the same time, the Government recognizes that workers and employers must enjoy reasonable benefits as can be sustained by the economy without suffering set-backs. Keeping these priorities in view, the Government considers that a balanced labour policy should be based on the following objectives:Workers right to form unions and unions should be protected and an institutional framework be made available to foster close cooperation between workers and employers at establishment level. Equitable adjustment of rights between workers and employers should be ensured in an atmosphere of harmony, mutually beneficial to the workers and the management. Consultations between workers and employers on matters of interest to the establishment and welfare of workers should be made more effective. Adequate security of jobs should be available to the workers and there should be expeditious redressal of their grievances. Conditions should be created such that workers and employers are committed to enhancing labour productivity. Promotion to higher jobs be ensured at all levels based on suitability and merit and for this purpose arrangements should be made for in-service training facilities. Facilities for proper matching of job opportunities and the job seekers be strengthened and standard procedures be streamlined. Social insurance schemes to be further strengthened. Just and humane conditions of work be guaranteed to all workers. Forced labour in all its forms to be eliminated. Provisions relating to the employment of children to be strictly adhered to and be enforced. The Labour Policy has accordingly been divided into four parts, i.e. a) Legal Frame Work b) Advocacy: Rights of Workers and Employers c) Skill Development and Employment d) Manpower Export 58
  • 73. Women in Small and Medium Enterprises - A Case Study from Sindh Province Women are highly important contributors to the country s economic and social development in Pakistan. Over the years, women participation in the economy has increased rapidly. Since 1990, women s participation in SMEs has increased enormously along with that of the industrialized countries of the Asia and Pacific region. The labour force comprising women has increased over the years, but is still significantly lower than that of of men. In this regard a survey was conducted on women in SMEs in rural Sindh from four districts, Shikarpur, Jacobabad, Kandhkot/Kashmore and Larkana. A simple random technique was used with a structured questionnaire developed as a basic tool/instrument to find out the major challenges faced by rural women as entrepreneurs. Data were collected from 300 women in SMEs, aged 15-65 years. 250 women (86.2 percent of respondents) were working and almost 30 percent of the respondents have at least one child less than 6 years old. The data revealed a great potential in entrepreneurship for rural women, currently involved in various enterprises e.g. in making of Rali, Ajrak and Sindhi caps. They are brimming with talent and are innovative enough to design without using machines. It was observed that employment rates differ among the different ethnic groups. Below is the percentage of women in the year wise assessment of the total work force employed in SME business: In 2001, 20% women of the 55 % of total employed work force in SMEs In 2002, 35% women of the 65 % of total employed work force in SMEs In 2003, 31% women of the 60 % of total employed work force in SMEs In 2004, 33% women of the 63 % of total employed work force in SMEs In 2005, 35% women of the 67 % of total employed work force in SMEs In 2006, 33% women of the 63 % of total employed work force in SMEs In 2007, 33% women of the 62 % of total employed work force in SMEs In 2008, 35% women of the 62 % of total employed work force in SMEs In 2009, 36% women of the 66 % of total employed work force in SMEs Comment: need to see whether the % of women is keeping pace with the increasing totals of employed people The above figures indicate that the share of women in SMEs is growing compared with male participation in rural areas of Sindh. The interviews showed that rural women are less confident than urban women, with their husband offering resistance once they cross the threshold. The study helped explore the challenges faced by rural women entrepreneurs and how these critical unethical problems could be overcome alongside other social issues. The biggest issues/challenges they were facing restrict them to do all business matters at home are: Lack of marketing facilities Criminal activities like Karo Kari Deprivation of their basic human rights The situation in SMEs is entirely different in the case of education and wages. Women earn the lowest possible wages, the reason being the lack of market facilities. The negative impact of low husbands incomes and having children below 6 are also significant. High income of other household members raises the reservation wage of mothers, thus lowering the probability of participation when the objective of working is to help family s financial need. The impact of childcare on mothers labour force participation is significant but not as the theory had predicted. The probability of participation in the labour force is significantly higher for women who live in urban areas where job opportunities are greater compared to the rural areas. Comment: it is not clear whether these women owned the enterprises or worked in enterprises owned by others including husbands Comment: it is not clear whether these women owned the enterprises or worked in enterprises owned by others including husbands 59
  • 74. HANDOUT # 17 Tile of Session: GEMS Toolkit Introduction: The GEMS Toolkit (Gender mainstreaming strategies: Programming provides 12 practical programming tools to facilitate the implementation of Gender Mainstreaming Strategies (GEMS) in organizations, policies, programmers and projects. Objective: Create awareness about the GEMS Toolkit and its different tools and equality empowerment measures for women and men in every sector of life. Target Audience: This session is specifically designed for workers, employers and government officers. Time: 45 minutes Material: Markers, Flip Charts, Handouts, Notepads and ball points, multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role play & interactive discussion Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Generating Interest in Topic Demonstration (15 Minutes) 1. Share the definition of the GEMS Toolkit and introduce its key tools to the participants. 2. Ask participants to share their understanding regarding the GEMS Toolkit (In this regard, any case from practical examples can also be shared) 3. Invite participants to present their role-play within 5 minutes. 4. Choose relevant aspects from performances and introduce participants to the basic concepts of equal opportunity, equal treatment, equal payment, sexual harassment and social security and family responsibilities. 60
  • 75. Information to Share Gender Mainstreaming Strategies (GEMS) The GEMS Toolkit aims to share knowledge, skills and tools with ILO constituents and partners in the Asia-Pacific region and worldwide on how to: Do a gender analysis of their work and their organization Put gender in the mainstream of policies, programmes and projects Carry out gender-specific action to redress inequalities. Gender Mainstreaming Strategies (GEMS) TOOLS Tool 1. Key concepts and strategies This tool is a quick reference guide on key gender concepts and definitions, as well as key gender mainstreaming strategies (GEMS), approaches and steps. It gives a summary checklist on the what and the how of gender equality promotion. It can serve as a quick refresher for your own use or as a tool in awareness raising or training activities. Basic concepts and definition: What is gender and what is sex What are gender roles, values, norms and stereotypes on masculinity and femininity? What are gender equality , gender equity and gender justice ? What is gender equality promotion? What is discrimination? What are fundamental human rights and national legal rights? What are fundamental rights at work? What is decent work for men and women? What is Gender Mainstreaming? What are the key Gender Mainstreaming Strategies (GEMS)? What are the key GEMS steps? Tool 2. GEMS in Decent Work Country Programmes This tool explains why it is important to use gender-mainstreaming strategies (GEMS) in Decent Work Country Programmes (DWCPs). It summarizes ILO policy guidance on the integration of GEMS in DWCPs and in technical cooperation and provides the appraisal questions used for quality assurance in the ILO. The checklist and tips help you to assess how gender has been mainstreamed in DWCPs and gives pointers for doing a gender analysis and planning, institutional capacity building and budgeting in a DWCP . Aims: To identify how gender mainstreaming strategies are integrated in a DWCP To improve GEMS action in a DWCP including the technical cooperation projects in the country. , 61
  • 76. Key concepts and rationale What is a Decent Work Country Programme? Why is it important to use GEMS in decent work country programming? Is gender mainstreamed in your DWCP? Tool 3. How to review GEMS in your organization This tool provides two checklists to assess where an organization stands in implementing GEMS. Organization here means all types and levels of an organization, including a Ministry, employers or workers organization or non-governmental agency, department, unit, programme or project. The checklists help you to review the capacity of your own or another organization in mainstreaming gender equality concerns in its organizational structure and to find out how effective it is or could become in conducting a gender analysis and planning, and carrying out gender-specific action. The checklists also help you to confirm whether an organization actively engages men and women in the work of the organization. The checklist includes questions and a few tips provide ideas for improving the GEMS capacity in organizations. Aims: To identify capacities for gender equality promotion within organizations and find out what areas need attention and improvement Concepts and Rationale Why is it important to review GEMS in organizations? What is the GEMS capacity of your organization? Institutional structure and capacity on GEMS How much do you use GEMS in your organization? First steps for increasing GEMS capacities in your organization Tool 4. GEMS in research This tool explains why it is important to include gender in the research design and analysis, and provides a checklist and tips on how to ensure that a gender dimension is well integrated in terms of research content and processes. The checklist enables you to quickly assess to what extent the Terms of Reference (TOR) and research instruments such as questionnaires include the relevant guidance for carrying out a gender analysis and identify possible inequalities by sex, age, income, ethnicity or migrant status. The tips provide guidance on when to have a clear gender focus in the research design and how to identify the early warning signs of gender inequalities. Aims: To make sure research includes a gender dimension and captures possible existing gender inequalities in the research content and processes To facilitate gender-specific research and to conduct effective gender analysis, if gender inequalities exist. 62
  • 77. Concepts and Rationale Why is it important to include gender in research design? Is gender included in your research? When to have a clear gender focus in the research design? What is gender-responsive research? What are the Early Warning Signs of gender inequalities? Tool 5. GEMS in project design and implementation This tool explains why it is important to integrate gender mainstreaming strategies (GEMS) in project design and implementation. It provides a checklist with tips to integrate GEMS at all stages of the programming cycle: problem analysis, strategy development, identification of the target groups, institutional framework, development of objectives and outcomes, outputs, activities, indicators, monitoring and evaluation, and inputs. Aims: To make sure that gender concerns are addressed from the start of a programme or project and during implementation. Rationale Why is it important to use GEMS in project design and implementation? Is GEMS included in your project design? Tool 6. GEMS in indicators, monitoring and evaluation This tool explains what gender-responsive indicators are and why these are important in monitoring and evaluation. Tips are given on how to design quantitative and qualitative gender-responsive indicators and how to measure qualitative indicators. Three checklists are provided to help you assess to what extent your monitoring and evaluation system, evaluation criteria and evaluation processes are gender-responsive. Aims: To facilitate the integration of GEMS into monitoring and evaluation content and processes. Concepts and rationale What are gender-responsive indicators? Why is it important to have gender-responsive indicators in monitoring and evaluation? How to design quantitative and qualitative gender-responsive indicators How to measure qualitative indicators How gender-responsive is your M&E system? How gender-responsive are your evaluation criteria? How gender-responsive is your evaluation process? Tool 7. Gender budgeting Gender budgeting has been gaining popularity in recent years. Governments and organizations have started to use gender budgeting instruments because it supports and is in line with current results-based and performance-oriented management approaches in development work. Gender budgeting helps to ensure 63
  • 78. gender equality outcomes in development programmes because it shows where the money goes at the budget analysis, planning, allocation, expenditure and review stages, and leads to greater transparency and accountability. Gender budgeting is still a relatively new concept. This tool gives an introduction to gender budgeting concepts and provides tools for gender budget analysis. Aims: To find out what gender budgeting is, why it is important and how to do it Concepts and rationale What is gender budgeting? Why is gender budgeting important? Tool 8. GEMS in human resource management and development This tool explains why it is important to use GEMS in human resource management and development (HRD), what are the main gender concerns in this field, and how these can be adequately addressed in HRD policies, procedures and practices. The checklist can help you to assess to what extent human resource management and development in your organization, programme or project integrates GEMS, in terms of gender balance in staffing, equal pay and other working conditions, and how to reflect gender equality in job content, recruitment procedures and staff appraisals. The tips list GEMS-HRD good practices, and give examples of gender equality standard clauses in Terms of Reference (TOR) and external collaborator contracts. Aims: To assess to what extent gender equality concerns are integrated in human resource management and development (HRD) To understand and apply gender-responsive HRD measures which increase the effectiveness of organizations in promoting equality between men and women Rationale and main issues Why is it important to use GEMS in HRD? Is gender included in your organization s policies, procedures and practices? What are successful GEMS-HRD procedures and practices? Tool 9. GEMS in meetings and training This tool explains why it is important to promote gender equality and ensure equal representation of women and men in meetings and in training. The checklist helps to assess the extent to which gender mainstreaming strategies (GEMS) have been included in the planning, preparation, implementation and reporting of your meeting or training events (forum, seminar, conference, workshops and/or coaching). Also provided are tips on how to ensure a good mix of men and women in meetings and training workshops; when to have separate meetings for women and for men, how to increase women s participation and how to make gender everybody s business. Finally, examples are given of gender equality clauses for inclusion in invitation letters. Aims: To ensure that the views, concerns and needs of both women and men are raised, reflected and acted upon in all policy, training and advocacy meetings To enable equal opportunities and treatment between men and women in benefiting from capacity building events and to close gender gaps in this respect if these exist. 64
  • 79. Concepts and Rationale Why is it important to address gender in meetings and training? How do you integrate gender equality in meetings and training? How to ensure gender equality promotion in policy debates and in capacity building events? How to promote gender equality in training content and processes. Tool 10. How to make media products and processes gender-responsive This tool explains what media products are and why it is important to highlight gender equality promotion in media products and processes. It gives a checklist to assess to what extent the media products, the core media messages and the production and distribution of media products are gender-responsive. Standard gender equality statements used in ILO media products are provided, as well as tips for effective gender advocacy in the media. Aims: To prepare and disseminate ILO-supported media products and processes in a gender-responsive manner. Concepts and rationale What is a media product? Why is it important to have gender-responsive media products and processes? How do you reflect gender equality in your media products and processes? Tool 11. GEMS in the working environment This tool explains what a family-friendly , gender equal and violence-free workplace is and what the benefits are for employers and workers. It shows how to promote equality at work in day-to-day workplace practices. The checklist provides a tool to assess to what extent your workplace has policies and practical measures in place to enable workers to balance work and family responsibilities and to ensure a productive workplace climate and environment. Tips are also given on how workplaces can be made more gender equal and how to promote respect and to prevent violence at the workplace. Aims: To make your workplace family-friendly, gender equal, free of violence and respectful to all Concepts and rationale What is family-friendly ? What is violence at the workplace? Why is it important to have a workplace that is family-friendly, free from violence and respectful to all? How family- and equality-friendly is your workplace? How to prevent and act against violence at the workplace Tool 12. Key international labour standards for gender equality in brief This tool explains main international labour standards which are vital for equality promotion in societies. These include the fundamental principles and rights at work, defined by ILO member States in 1998 and four key ILO standards for gender equality promotion: the Equal Remuneration Convention, 1951 (No. 100), the 65
  • 80. Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No. 183). Aims: To increase understanding about key international labour standards on gender equality promotion and to promote their inclusion in national law and workplace practices. Fundamental principles and rights at work In order to enable ILO member States to cope with the competitive pressures of global economic integration and ensure that the principles underlying these standards as laid down in the ILO Constitution are recognized, respected and realized everywhere, governments, employers and workers organizations adopted a Declaration on Fundamental Principles and Rights at Work and its Follow-up in 1998. These principles and rights are universal and apply to all human beings in all countries and must be respected even in countries whose governments have not ratified the Conventions concerned. Key international labour standards on gender equality at work The roles of men and women are constantly evolving and perceptions of the traditional share of paid labour and unpaid family or care work are still undergoing profound changes. In order to shape a more equal and equitable future for women and men at work, four key gender equality Conventions cover equal remuneration, non-discrimination in employment and occupation, workers with family responsibilities and maternity protection. Two of these are included among the fundamental principles and rights at work. Concepts and Rationale What are the key ILO instruments for achieving gender equality at work? What is discrimination? What is maternity protection? 66
  • 81. HANDOUT #18 Women Issues in Pakistan 1. Security The most serious issue faced by Pakistani women within Pakistan which is also a hindrance in their empowerment is the total lack of security. Although Pakistan s Constitution and laws enshrine fundamental rights such as equality of status, equal access to opportunity as well as social, economic, and political empowerment, the reality is quite different. In reality the existing laws protecting women s basic security are enforced inadequately and make no satisfactory effort to introduce measures on gender-specific issues regarding women s security or to eradicate the rise in violent acts committed against women. 2. Women Human Rights Pakistan s laws enshrine equality between men and women yet are insufficient and ineffective in protecting women s human rights due to traditional social gender-constructed roles which perceive male dominance over women to be necessary. As a result, the practice of honor killings has led to hundreds of women being murdered every year in Pakistan. Countless numbers of women suffer from battering, rape, burns, acid attacks, and mutilation and women victims of domestic violence range from 70 to 90 percent of all women in the country. 3. Restricted Mobility Due to women s safety and security related law enforcement and community-level adherence, women s mobility and independent travel is severely limited especially outside of their settlements. 4. Education Education empowers women, making them productive both in and outside the household. The World Bank has determined that a mother s education has a strongly beneficial impact on the family, the well-being of her children and the use of community services. The current gender gap in education in Pakistan is especially serious among children 12 years and older (especially girls) in rural areas. 5. Women in the Workforce In Pakistan there are fewer women in the workforce than men in both rural and urban regions. According to the World Bank, by 1999, only one in four adult women participated in the labour force, as compared to seven in ten men. Most of women s labour market activity is in urban areas whereas in rural areas women s work force is available in the agricultural sector. Women have a narrower occupational opportunity than men and are offered lower wages for the same value of work. The few women who are employed alongside men in white-collar jobs tend to become ghettoized within 67
  • 82. traditionally female-friendly employment sectors such as education and health, rather than security, defense, engineering or Information Technology. Towards a Solution: The empowerment of Pakistani women is a gradual process. There is a strong need to change people's perceptions regarding their environment and gender roles. Women will have free mobility and easily access to information if they do not feel that their physical safety or reputation is threatened outside their homes. They should also have access to justice with timely actions. Government efforts, projects and policies must concentrate on increasing female enrolment and retention in schools, and getting employment opportunities and involvement in the public sphere. Improvement in women s education and skills will increase their ability to find employment and participate in paid labour. The Enabling Pakistan Program" will contribute to women's empowerment by creating a more genderbalanced work force in Pakistan, focusing on providing skills to women and girls to improve their technologyrelated careers to overcome current gender gaps in the labour market. 68
  • 83. HANDOUT #19 Women s Empowerment Principles 1. Establish high-level corporate leadership for gender equality a. Affirm high-level support and direct top-level policies for gender equality and human rights. b. Establish company-wide goals and targets for gender equality and include progress as a factor in top management level performance reviews. c. Engage internal and external stakeholders in the development of corporate sector policies, programs and implementation plans to advance gender equality. d. Ensure that all policies are gender-sensitive identifying factors that impact women and men differently and that the corporate culture advances equality and inclusion. 2. Treat all women and men fairly at work nondiscrimination respect and support human rights and a. Pay equal remuneration, including benefits, for work of equal value and strive to pay a living wage to all women and men. b. Ensure that workplace policies and practices are free from gender-based discrimination. c. Implement gender-sensitive recruitment and retention practices and proactively recruit and appoint women to managerial and executive positions and to corporate Boards of Directors. d. Ensure sufficient participation of women all levels and across all business areas. e. Offer flexible work options, leave and re-entry opportunities to women for positions of equal pay and status. f. Support access to child and dependent care by providing services, resources and information to both women and men. 3. 30% or greater in decision-making and governance at Ensure the health, safety and well-being of all women and men workers a. Taking into account differential impacts on women and men, provide safe working conditions and protection from exposure to hazardous materials and disclose potential risks, including to reproductive health. b. Establish a zero-tolerance policy towards all forms of violence at work, including verbal and/or physical abuse, and prevent sexual harassment. c. Strive to offer health insurance or other needed services violence and ensure equal access for all employees. d. Respect the rights of women and men workers for time off for medical care and counseling for themselves and their dependents. e. In consultation with employees, identify and address security issues, including the safety of women traveling to and from work and on company-related business. f. Train security staff and managers to recognize signs of violence against women and to understand laws and company policies on human trafficking, labour and sexual exploitation. including those for survivors of domestic 69
  • 84. 4. Promote education, training and professional development for women a. Invest in workplace policies and programs that open avenues for advancement of women at all levels and across all business areas, and encourage women to enter non-traditional job fields. b. Ensure equal access to all company-supported education and training programs, including literacy classes, vocational and information technology training. c. Provide equal opportunities for formal and informal networking and mentoring. d. Offer opportunities to promote the business case for women s empowerment and the positive impact of inclusion for men as well as women. 5. Implement enterprise development, supply chain and marketing practices that empower women a. Expand business relationships with women-owned enterprises, including small businesses, and women entrepreneurs. b. Support gender-sensitive solutions to credit and lending barriers. c. Ask business partners and peers to respect the company s commitment to advancing equality and inclusion. d. Respect the dignity of women in all marketing and other company materials. e. Ensure that company products, services and facilities are not used for human trafficking and/or labour or sexual exploitation. 6. Promote equality through community initiatives and advocacy a. Lead by example for community commitment to gender equality and women s empowerment. b. Leverage influence, alone or in partnership, to advocate for gender equality and collaborate with business partners, suppliers and community leaders to promote inclusion. c. Work with community stakeholders, officials and others to eliminate discrimination and exploitation and open opportunities for women and girls. d. Promote and recognize women s leadership in, and contributions to, their communities and ensure sufficient representation of women in any community consultation. e. Use philanthropy and grants programs to support company commitment to inclusion, equality and human rights. 7. Measure and publicly report on progress to achieve gender equality a. Make public the company policies and implementation plans for promoting gender equality. b. Establish benchmarks that quantify inclusion of women at all levels. c. Measure and report on progress, both internally and externally, using data disaggregated by gender. d. Incorporate gender markers into ongoing reporting obligations. Note: The Women s Empowerment Principles document is the product of a collaboration between UNIFEM and the UN Global Compact, informed by an international multi-stakeholder consultation, and is adapted from the Calvert Women's Principles®. The Calvert Women's Principles were originally developed in partnership with UNIFEM and launched in 2004 as the first global corporate code of conduct focused exclusively on empowering, advancing and investing in women worldwide. 70
  • 85. Title of Session: Green Jobs and Gender Equality Introduction: This session focuses on highlighting climate changes and the importance and present condition of green jobs . It will discuss gender equality and the importance of women participation s especially in the green jobs sector. Objective: Create awareness about climate changes and the importance of the green jobs sector in the 21st century, gender equality and the equal right of women to participate in green sector jobs. Target Audience: This session is specifically designed for workers, employers and Government officers. Time: 45 minutes Material: Markers, Flip Charts, Handouts, pens and writing pads, Multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role-play, and interactive discussion Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Outcome: Participants will have fair idea and information regarding gender equality and the green jobs sector. Generating Interest in the Topic Demonstration (15 Minutes) 1. Ask participants to share their knowledge, information and experiences to define gender equality and green jobs as well as climate changes. 2. Record all the responses on the flip chart and share the following; 3. Divide participants into 2 groups to prepare either a role play or group presentation to discuss the major difficulties and barriers faced by women in the work force and how climate changes affect the green jobs sector.Note: these should be two separate things 4. Invite participants to present their role-play / presentation within 5 minutes. 5. Pick relevant information from the presentations and add practical examples, which are left by presenters for their better understanding on the subject. 71
  • 86. Women and men working in the agricultural and tourism sectors are most dependent on the weather, and likely to be the most affected by climate change. Climate change is not gender neutral. Women are increasingly being seen as more vulnerable than men to the effects of climate change because they represent the majority of the world s poor and are proportionally more dependent on threatened natural resource management farming, planting , protecting and caring for seedlings and small tree and in ensuring nutrition and as care providers for their families. Yet, in the long run, no one woman or man, rich or poor, can remain immune to the challenges and dangers brought on by climate change. Information to Share (30 Minutes) ? Introduce participants to green jobs and gender equality. ? Present definitions of gender equality and green jobs. ? Open a discussion on the topic In the light of logical points of view and relevant information ? Respond to the queries and required information from the participants. A green job, also called a green-collar job is, according to the United Nations Environment Program, "work in agricultural, manufacturing, research and development, administrative, and service activities that contribute(s) substantially to preserving or restoring environmental quality. Specifically, but not exclusively, this includes jobs that help to protect ecosystems and biodiversity; reduce energy, materials, and water consumption through high efficiency strategies; de-carbonize the economy; and minimize or altogether avoid generation of all forms of waste and pollution." 72
  • 87. Session 5: Green Jobs and Gender Equality 73
  • 88. Gender equality Women bear almost all responsibility for meeting the basic needs of the family, yet are systematically denied the resources, information and freedom of action they need to fulfill this responsibility. The vast majority of the world's poor are women. Two-thirds of the world's illiterates are female. Of the millions of school age children not in school, the majority are girls. Studies show that when women are supported and empowered, all of society benefits. Their families are healthier, more children go to school, agricultural productivity improves and incomes increase. In short, communities become more resilient. The Hunger Project firmly believes that empowering women to be key change agents is an essential element in achieving the end of hunger and poverty. Wherever we work, our programs aim to support women and build their capacity. The movement towards gender equality, especially in Western countries, began with the suffragist movement of the late-19th century. Then there was a change in relation to a woman's property rights in marriage. (See for example, the Married Women's Property Act 1882.) In the 1960s, a more general movement for gender equality developed based on women's liberation and feminism. However, actual changes in attitudes continued to focus on specific issues. The movement has resulted in changes to laws, either relating to particular issues or general anti-sex discrimination laws. Changes to attitudes to equality in education opportunities for boys and girls have also undergone a cultural shift. The change has also involved changes to social views, including "equal pay for equal work" as well as most occupations being equally available to men and women, in many countries. For example, many countries now permit women to serve in the armed forces, the police force and to be fire fighters. In addition, an increasing number of women are active in politics and occupy high positions in business. Conversely, men increasingly are working in occupations, which in previous generations had been considered "female occupations", such as nursing. In addition, in the home, while acknowledging the biological differences between men and women, most notably in relation to child bearing, the role of child rearing is not as widely considered an exclusively female role. Another manifestation of the change in social attitudes is the nonautomatic taking by a woman of her husband's surname on marriage, as well as a wife being free to pursue her career after marriage. Climate change is one of the greatest global challenges of the twenty first century for developed and developing countries alike. Though developing countries have contributed the least to the causes of climate change, they stand to suffer more due to their vulnerability to extreme environmental events. Women and men working in sectors most dependent on the weather, such as agriculture and tourism, are likely to be most affected.1 Climate change, moreover, is not gender neutral. Women are increasingly being seen as more vulnerable than men to the effects of climate change because they represent the majority of the world s poor and are proportionally more dependent on threatened natural resources. What is more, women tend to play a greater role than men in natural resource management farming, planting, protecting and caring for seedlings and small trees and in ensuring nutrition and as care providers for their families. Yet, in the long run, no one women or men, rich or poor can remain immune from the challenges and dangers brought on by climate change. Nearly three-quarters of the world s poorest citizens those living on less than US $2 per day are dependent on the environment for a significant part of their daily livelihood. Failure to respond to the challenges posed by climate change could have a severe impact on their livelihoods. Furthermore, climate change is endangering efforts to realize the internationally agreed Millennium Development Goals (MDGs). The current global economic and financial crisis also presents challenges, including growing concern that previous 74
  • 89. commitments to cap green house gas (GHG) emissions or phasing out polluting factories may be replaced by what one political leader has called cheap and dirty economic stimuli. Yet there is hope. Major political leaders have pledged to honour commitments to new green technologies, arguing that government action to create new green jobs is not only sustainable but may help in economic recovery. According to a recent ILO report, green jobs in agriculture, industry, services and administration, even with government subsidies, can promote sustainable economic growth with long-term economic impact. Adapting to and mitigating climate change will entail a transition to new patterns of production, consumption and employment. Huge opportunities exist to create green jobs through energy and industrialization policies that reduce the environmental footprint. These jobs can provide decent work and incomes that will contribute to sustainable economic growth and help lift people out of poverty. Women, with their unique knowledge and capabilities of natural resource management and use of energy sources are strong change agents and key contributors to climate change mitigation and adaptation programmes at local, regional and international levels. The ILO s Decent Work Agenda provides for green growth including the promotion of green enterprises and green jobs; active labour market policies which combine social security for displaced workers with skills development to help enterprises and workers to adapt and seize opportunities; work that is clean and safe for workers and the environment; and respect for workers rights that give freedom to engage in social dialogue which is key to shaping effective responses. Decent green jobs effectively link MDG 1 (End Poverty and Hunger) to MDG 7 (Ensure Environmental Sustainability), making them mutually supportive. Climate Change and Gender Climate change effects vary among regions, generations, age, classes, income groups, occupations and gender. According to the Intergovernmental Panel on Climate Change (IPCC), the poor, primarily but by no means exclusively in developing countries, will be disproportionately affected. Their reliance on local ecological resources, together with existing stresses on health and well-being and limited financial, institutional and human resources, leaves them most vulnerable and least able to adapt to the impacts of climate change. Gender differences in social and economic roles and responsibilities exacerbate vulnerability. Worldwide, women have less access than men to resources that would enhance their capacity to adapt to climate change, including land, credit, agricultural inputs, decision-making bodies, technology and training services. For the vast majority of women working in the informal sector and in small enterprises, lacking capital and access to credit and information, recovering from the devastating effects of environmental disasters is nearly impossible. For example, when Hurricane Katrina struck the U.S. city of New Orleans in August 2005, tens of thousands of persons the vulnerable, the elderly, persons with disabilities and the very poor were plunged into poverty. But the hardest hit group was women, mostly African-American, who being among the most impoverished faced the greatest obstacles to survival and increased costs for transportation, health care and food. Sudden environmental changes spell even more trouble for women, especially in developing countries. In Africa, women constitute 70 to 80 per cent of workers in agriculture and are often the first affected and the last to find a new job. Worldwide 46 per cent of the tourism workforce is women. According to the United Nations Development Programme (UNDP) 2007 Human Development Report, climate change is likely to magnify existing patterns of gender disadvantage . This further slows progress towards gender equality and impedes efforts to achieve wider goals like poverty reduction and sustainable development. In many countries, droughts, floods and deforestation increase work burdens for many women leaving them less time to earn income, get an education, or provide care to their families. Girls 75
  • 90. regularly drop out of school to help their mothers gather fuel wood and water. Extreme weather conditions and natural disasters also increase their exposure to infectious diseases, such as cholera. Continued global warming will extend the areas affected by malaria. Conflicts driven by climate change and disasters can increase women s vulnerability to violence. Yet women also function as change agents in community natural resource management, innovation, farming and care giving and hold the key to adaptation to climate change. Responsibilities in households, communities and as stewards of natural resources position them well to developing strategies for adapting to changing environmental realities. Time and again, experience has shown that communities fare better during natural disaster when women play a leadership role in early warning systems and reconstruction. Women tend to share information related to community well being, choose less polluting energy sources, and adapt more easily to environmental changes when their family s survival is at stake. Women trained in early warning disaster reduction made a big difference in La Masica, a village in Honduras that, unlike nearby communities, reported no deaths during Hurricane Mitch in 1998. Integrating gender perspectives in the design and implementation of policies and laws also helps mitigate the gender-differentiated impacts of environmental degradation - shortage of water, deforestation and desertification - exacerbated by climate change. Carbon Footprints The Gender Effectfference Women have a smaller carbon footprint than men due to different consumption patterns and lifestyles of women and men. This holds true regardless of whether they are rich or poor. In OECD countries, for example, women are more likely to recycle, buy organic food and eco-labelled products and place a higher value on energy-efficient transport. They make more ethical consumer choices, paying closer attention to issues including child labour and sustainable livelihoods and are more apt to buy socially labelled goods such as Fairtrade. In Sweden, a recent study found that women use public transportation, even in households with cars, more often than men, while men more often travel in their own car and for greater distances. The OECD also found that from the age of 15, girls tend to have higher levels of concern for the environment and a greater sense of responsibility for sustainable development than boys. For mitigating climate change, women propose more comprehensive approaches than men, tend to focus more on lifestyle and behavioural changes to reduce greenhouse gas emissions and are more sceptical then men that technology will solve the problem of global warming. However, women on the whole currently have limited power and influence to affect public policy on climate change and environmental issues. What Can Be Done? Any response to climate change should be mainstreamed into national, sectoral and local development strategies. ILO constituents play a vital role in this process and are major stakeholders in the outcomes. Ensuring the recognition of the role of employers and workers organizations rests on the foundations of international labour standards especially on freedom of association and the promotion of mechanisms for social dialogue. In a number of countries dialogue at the workplace has built on mechanisms established to promote safe working conditions. Both adaptation and mitigation policies will need to include strategies for enhanced social protection, enterprise development and employment generation. The impact of climate change itself and of adaptation and mitigation policies will also have different effects on working women and men. Social dialogue and involvement of the social partners can be promoted through: Ratifying and implementing key ILO conventions: Freedom of Association and Protection of the Right 76
  • 91. to Organize, 1948 (No.87); Right to Organize and Collective Bargaining, 1949 (No. 98). Greater stakeholder involvement and conflict resolution can be encouraged on the basis of: ILO Convention on Indigenous and Tribal Peoples, 1989 (No. 169). Identification and implementation of programmes to support education and training initiatives that will facilitate the development of the skills necessary for the creation of new green jobs and a just transition for workers who will lose their old jobs. Implementing the Human Resources Development Recommendation, 2004 (No. 195) provides guidelines that assist governments, employers and workers to put into effect education, training and lifelong learning policies and programmes for the 21st Century. Ratifying and implementing the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) and applying the Vocational Rehabilitation (Disabled Persons) Recommendation, 1955 (No. 99). Implementing the Job Creation in Small and Medium-sized Enterprises Recommendation, 1998, (No. 189). Actions to promote climate change adaptation and mitigation: Tapping into the vast knowledge and natural resource management abilities of women when devising adaptation and mitigation policies and initiatives for climate change. Mainstreaming gender perspectives into international and national policies. Ensuring that women and men participate in decision- and policy-making processes. Promoting participatory approaches in local and community planning activities. Creating opportunities at the national and local levels to educate and train women on climate change, stimulate capacity building and technology transfer and assign specific resources to secure women s equal participation in the benefits and opportunities of mitigation and adaptation measures. Gathering new sex-disaggregated data and gender analysis in key sectors such as agriculture, tourism, forestry, fishing, renewable energy and water usage to further understand how climate change impacts women s lives. 77
  • 92. 78
  • 93. PART - 3 ILO CONVENTIONS
  • 94. Session 6: Equal Rights ILO Convention No. 156 81
  • 95. Tile of Session: Equal Opportunities & Treatment for Workers with Family Responsibilities Introduction: The session introduces ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities which was held in Geneva on June 23, 1981. Objectives: To orient participants on basic concepts of equal opportunities, treatment, payments, sexual harassments at work place and the 19 Articles of ILO Convention 156 regarding equal opportunities and treatment for men and women in the workplace. To obtain knowledge regarding the Laws and Policies in Pakistan with respect to equal opportunities and treatment for all. Target Audience: This session is specifically designed for workers, employers and government officers. Duration: 60 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role play & interactive discussion Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Results: Participants will be oriented and have sufficient knowledge on ILO Convention No. 156 and its Articles regarding equal opportunities for and treatment of men and women in the workplace. 82
  • 96. Factors Influencing the Increase of Employed Women: The increase in the participation rate of women in SME business in Pakistan can to a certain extent be explained by the following factors: ? Women have no access to market and other amenities or facilities. ? The increase in the female labour participation may be attributable to improving economic incentives in employment and policies favouring the employment of women. In addition, the combined effects of improved maternal and child health care, access to family planning services and increased years of schooling, lead to a rise in the average age of marriage, have allowed women to take advantage of increased employment opportunities ? Despite their significant role in SMEs, women have largely been ignored in Government programs until recently, and the effects of the current programs focusing on income-generating activities such as food processing and handicrafts remain to be seen. ? Women's low earnings can be attributed to a lifetime spent in choosing between work and family formation (from the viewpoint of labour supply) and to employment discrimination (from the viewpoint of labour demand). Since women usually have a greater role than men in caring for the family, they may invest less in their own education and may work for shorter periods and in occupations that require fewer hours or less effort than men. This combined with interruptions in labour force participation limits women's access to better jobs and promotions. ? Furthermore, employers may invest less in nurturing women's skills through training or education because women are expected to drop out while raising young children or, in many circumstances, to stop working outside the home once they are married. Much progress has been achieved in the past few decades in narrowing the gender gap in Pakistan. It can be shown in the development of women's roles, both in absolute and relative terms. Based on the Labor Force Survey, in the first quarter of year 2002, women made up 35.5 per cent of the labour force. Policy statements by the Government provide opportunities for women in SMEs' business and economic participation as well as participation in education and training. Viewed from this perspective, women as actors in both the private and public spheres should be trained with their male counterparts focusing not only on their domestic roles but also on their productive roles. By: Dr. Nadeem Bhatti Head of Faculty, North American College, USA 83
  • 97. Process: Generating Interest in Topic STEP-I Demonstration (20 Minutes) ? ? Ask participants to share their understanding regarding equal opportunities and treatment for both men and women at workplace through role plays. (In this regard, any case from practical examples can also be shared). ? Divide participants into 2 groups and ask them to prepare anything which may reflect the unequal opportunities & treatment for men and women at workplaces (5 minutes). ? Invite participants to present their role play within 5 minutes. ? Choose relevant aspects from performances among them and introduce participants to the basic concepts of equal opportunities, equal treatment, equal payments, sexual harassment, social security & family responsibilities. ? 84 Introduce participants to an orientation on ILO Convention 156 through understanding the major concepts elaborated through it. For further information, Brochures of each Convention with procedural implementation can be seen at http://www.ilo.org/global/standards/lang--en/index.htm
  • 98. Information to Share Explain the basic concepts as given below: HANDOUT # 20 Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities Equal opportunities can be defined as equal access for men and women in society to different activities including education, employment, health care etc. Whereas equal treatment can be defined as there being no discrimination with regard to employment, vocational training and working conditions between men and women. This discrimination could be based on sex, colour, religion, political opinion or social origin. Specifically with regard to employment, the following aspects are very important; Equal payments / remuneration Equal treatment in occupational social security schemes Equal treatment in access to employment, vocational training and promotion and in working conditions. For further information, please see Hours of work on page 22 25 of Pakistan Employment Trends Report for Women 2009 http://www.lmis.gov.pk/publications/PETFW.pdf Equal Payments Equal Remuneration Convention 1951 (No. 100) defines equal remuneration as equal payments for men and women for work of equal value. Remuneration includes ordinary or basic wages, salary and any additional amount whatsoever payable directly or indirectly whether in cash or in kind by the employer to the worker and arising out the worker s employment. Sexual Harassment at Workplace Sexual harassment has been defined as unwanted conduct of a sexual nature where either the rejection or imposition of such conduct can have negative employment consequences for the victim as well as undesirable effects on the work environment . The term Sexual Harassment was coined in the 1970s in the United States which at that time recognized it as a specific type of conduct prohibited by the law. In a number of countries, harassment is regarded as a form of sex discrimination. This began in 1977 with a United States court case, which determined that sexual harassment constituted sex discrimination, reasoning that but for her womanhood participation in sexual activity would never have been solicited. She became the target of the supervisor s sexual desires because she was a woman and was asked to bow to his demands at the price of holding her job (reported in ILO 1992). 85
  • 99. The important aspect is that both men and women can be subjected to sexual harassment but more women suffer from it than men. It is also estimated in the United States that at least one out of every two women experiences sexual harassment at some point in her academic or working life. Under such circumstances, sexual harassment becomes a barrier to an individual s freedom of movement, full employment or opportunities at work. The consequences of sexual harassment for a victim range from emotional stress resulting in feelings of humiliation, anxiety, fear, anger, anguish, powerlessness, and depression to extreme physical reactions. Equality of Treatment between Men and Women in Social Security and Family Responsibilities The traditional concept of women s protection, which focused mainly on their maternity and their reproductive role, has subsequently been broadened to guarantee equality of treatment between men and women in employment. One particular outcome of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979 is the recognition that men as well as women have family responsibilities and that men and women workers with such responsibilities should be granted specific protection to guarantee them equality of treatment with those without such responsibilities. In addition, the ILO Governing Body s Working Party on International Labour Standards in 1987 and the ILO Committee of Experts on the Application of Conventions and Recommendations in 1989 identified equality of treatment between men and women in matters of social security as requiring new international labour instruments. Furthermore, the Platform for Action adopted by the Fourth World Conference on Women 1995 also called for the review of social security systems to ensure equality between men and women. 86
  • 100. STEP-II Demonstration (15 Minutes) ? Introduce participants to the role of the ILO and its standards regarding equal opportunities and treatment ? Briefly discuss ILO Convention No. 156 and its objectives ? Explain to participants the concepts of equal opportunities and treatment for men and women which include the measures for equipping workers with family responsibilities with the necessary provisions and the ratification of the Convention by member states. 87
  • 101. Information to Share HANDOUT # 21 The four main ILO Conventions that prohibit discrimination on the basis of sex and promote equality are: the Equal Remuneration Convention, 1951 (No. 100); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Workers with Family Responsibilities Convention, 1981 (No. 156) and the Maternity Protection Convention, 2000 (No. 183). The first two are fundamental conventions. Convention 156 is discussed in detailed below: ILO Convention (No. 156) concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities This Convention was held in Geneva on June 23, 1981 but came into force on August 11, 1983. In this Convention, it was recognized that the problems of workers with family responsibilities are aspects of wider issues regarding the family and society which should be taken into account in national policies and that there is a need to create effective equality of opportunity and treatment as between men and women workers with family responsibilities and between such workers and other workers. Objectives of the Convention Establish equality of opportunity and treatment; Between men and women workers with family responsibilities Between workers with family responsibilities and other workers that do not have such responsibilities. What are Family Responsibilities? Responsibilities in relation to dependent children and other members of the immediate family It is up to each country to define family Domestic work Summary of Provisions of Convention No. 156 Workers with Family Responsibilities Convention, 1981(No. 156) States that: All possible measures should be taken to assist these workers in the exercise of their right to free choice of employment and to take into account their needs in terms and conditions of employment and in social security, and to develop community services such as child care and family services and facilities. Education and information should be provided to ensure broader understanding of the principle of equality of opportunity and treatment for men and women workers with family responsibilities. Specific measures should also be taken in the field of vocational guidance and training. Family responsibilities cannot be a valid reason for dismissal. 88
  • 102. Measures To Promote Work-Family Reconciliation of family services child care, elder care, services to reduce domestic tasks ? Leave maternity leave, paternity leave, parental leave, emergency family leave, retraining/ reintegration ? Working time duration, part-time, flextime, predictability ? Promotion of awareness of relevant issues. Looking After the Under-School Age Child Types of formal child-care: Paid care in home nanny Group care in centers crèches, nurseries run by individuals, groups, local communities for profit or non-profit basis Paid and licensed child minders ( day mothers ) based in their own homes (e.g. as in France, Peru, Singapore) School Age Children To compensate for the fact that school hours are shorter than working hours: Canteen for lunch After-school care (at child-minders or supervised activities at school) Employer initiatives Vacation programmes (day camp, holiday camp). Reconciliation to Promote Equality Making nor mal work more family compatible (hours, flexibility) Making family responsibilities more compatible with work (care facilities, school hours etc.) Adequate regulation and supervision of part-time and home work Lightening the load Recognizing men s caring role and more equal sharing of family responsibilities. Making Family Responsibilities More Compatible With Work All measures shall be taken to develop or promote community services, public or private such as childcare and family services and facilities (Convention 156, Article 5(b)). Childcare is crucially important for women to achieve true equality of opportunity . Equal Opportunities Commission, Great Britain Convention No. 156 also states the obligation for the member states; With a view to creating effective equality of opportunity and treatment for men and women workers, each Member shall make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, 89
  • 103. to the extent possible, without conflict between their employment and family responsibilities. (Article 3, clause 1). STEP-II: Personal Application (25 Minutes) Generate discussion among participants regarding this convention with regard to the following questions; What laws and policies regarding best practices of equal opportunities & treatment of men and women exist in Pakistan? What is the current situation in Pakistan regarding equal opportunities and treatment for men and women at the workplace? Conclude the whole discussion through adding West Pakistan Maternity Benefits Ordinance 1958, The Workers Welfare Funds Ordinance 1971 and Workers Children Education Ordinance 1972, Apprenticeship Ordinance 1962, Disabled Persons Ordinance 1989 and The Provincial Employees Social Security Ordinance 1965 and GEM. Additionally, discuss the current scenario in Pakistan and the latest reforms regarding equal opportunities and treatment for men and women at their workplaces. 90
  • 104. Information to Share HANDOUT # 22 Laws and Policies in Pakistan Regarding Equal Opportunities and Treatment for Men and Women Workers with Family Responsibilities 1. West Pakistan Maternity Benefits Ordinance 1958 This law aims at providing Maternity Benefits in relation to women employees in the country. The law also provides that any employer is not to employ a woman for work in his establishment (industrial or commercial organization) during the six weeks before or six weeks after delivery of a child. The pregnant woman is required to give a notice to her employer that she expects to be confined as a legal entitlement for being paid six week s wages before delivery and six week s wages after delivery. In case of a woman s death otherwise entitled to this maternity benefit, there is such an eventuality; the amount of payment is to be made to the person nominated by her as her legal representative. The sense of establishment has now been extended and covers all commercial establishments like banks, offices, insurance companies, joint stock companies, brokers office, societies registered under Societies Registration Act 1860, charitable trusts registered or not, advertising companies, commission commercial agencies, restaurants, catering houses and clubs. 2. The Workers Welfare Funds Ordinance 1971and Workers Children Education Ordinance 1972 This law provides workers a welfare fund. This fund aims at providing residential accommodation and other facilities for workers. Industrial establishments are governed by this Ordinance. According to it, every establishment where the total income is not less than Rs. One lakh is required to pay a sum of total income towards the fund. The fund is set to be spent on housing, construction of houses for workers and financing measures for the welfare of workers. The Board of Management is a tripartite autonomous body consisting of representative of workers, employers and government and has the mandate to provide free of cost quality education for workers children through provision of text books, school bags, uniforms and shoes. 3. Apprenticeship Ordinance 1962 This Ordinance has been promulgated with a view to make provision for promoting, developing and regulating a systematic apprenticeship program in the industries and for securing certain minimum standards of skill. By apprentice is meant a person undergoing training through the system of apprenticeship. It is a minimum training in which an employer undertakes to employ a person and to train him or have him trained systematically in an apprenticable trade for a period of time. 4. The Employees Cost of Living Act 1973 This law is enforced with a view to making payments of a cost of living allowance to employees so as to provide that with a cushion against inflation and/or a rise in the cost of living. Since the promulgation of this Ordinance in August 1973, the government at various intervals, keeping in view inflation and rise in the cost of living, especially on the eve of announcement of the national budget of Pakistan, conferred a cost of living allowance benefit which the employer is to pay to the employees. In addition, special allowances were also to be paid by the virtue of laws separately promulgated by the Provincial governments. 91
  • 105. 5. Disabled Persons Ordinance 1989 The Disabled Persons (employment and rehabilitation) Ordinance 1989 was promulgated in 1989. This Ordinance provides for the employment, rehabilitation and welfare of disabled persons. By disabled person is meant a person who, on account of injury or any congenital deformity, is handicapped for undertaking any profession or employment in order to earn his livelihood. It also includes a person who is blind, deaf, physically handicapped or mentally retarded. 6. The Provincial Employees Social Security Ordinance 1965 This law has been introduced with a view to providing social security benefits to secured employees and their dependants in the event of sickness, maternity, injury or death. Every Provincial government is required to notify in the Provincial Gazette the names of establishments which are liable to be covered by virtue of this Ordinance. Once an establishment or employer has been notified under the law, then the management of the employer is required to pay 7% of the monthly wage of the worker to the social security welfare institution. The dependent parents of a secured person are now also eligible for the benefits of the social security scheme. Likewise, unmarried male children under the age of twenty one years of age shall also receive benefits under the social security scheme. Current Situation in Pakistan Regarding Equal Opportunities and Treatment of Men and Women at the Work Place Pakistan as a developing country has yet to go a long way before it stands beside all the developed countries. Women make up more than half the population but unfortunately they are not treated well. On March 8, 2010, Pakistan celebrated Inter national Women s Day in an attempt to make a change in their lives showing a ray of hope to every woman. Although Pakistan has a nearly equal male and female population aged 10 and above, women constitute only 20.4% of the civilian labour force. Female workers face difficulties in finding jobs because only 28% are literate as opposed to their male counterparts, 59% of whom are literate. Out of the total employed labour force, 80.3% are male and 19.7% are female. Women are generally in the lower paid sectors and at lower levels of hierarchies. More than two thirds of the total employed women work in the lower paid agriculture sector as compared to about one third of employed men. A majority of women work as unpaid family helpers reflecting their limited opportunities for gainful employment. Out of the total employed male persons, only 19.3% are employed as unpaid family helpers : this figure is 58.1% for women. Gender Gap in Employment in Pakistan: a socio demographic analysis (source) reveals that the unemployment rate has decreased from 8.3 percent in 2001-2002 to 7.7% in 2003-2004 and further to 6.5% in 2005-2006 (July-December), due mainly to a steep decline in women' unemployment from 12% to13 % during the inter survey period. The decline in female unemployment in both rural and urban areas can be attributed to two factors. Women were either able to get better job opportunities or they withdrew from the labour force mainly because of the discouragement phenomenon . However, female participation in the labour force increased considerably between 2001-2002 and 2005-2006 in rural areas. It thus appears that female unemployment was reduced primarily due to an expansion in job opportunities for women. In order to safeguard working women s rights, the Parliamentarians Commission for Human Rights (PCHR) has decided to introduce a Bill that would target discrimination in wages, harassment in the workplace, uncomfortable working environments and other such matters. 92
  • 106. According to the Government of Pakistan s Labour Policy 2010 women will also benefit from better information concerning their working conditions and arrangements in the informal economy, from improved maternity arrangements, codes of conduct relating to sexual harassment and, where possible, day care arrangements for their children. The Government is committed to providing women with equal opportunities for employment and will reexamine existing legislation to ensure that women are not denied access to suitable jobs that are generated due to Pakistan s changing labour markets. The economic revival program introduced at the end of the 1990s is beginning to reverse the deteriorating macro situation of a few years ago. Many financial and legislative decision-making responsibilities have been decentralized to Provincial and lower-level local governments, with the goal of improving accountability and service delivery. The budget deficit has fallen, inflation has remained below five percent, the current account deficit in the balance of payments has turned into a surplus, and exports have begun to grow again after years of stagnation. All of these developments help create an environment conducive to reducing gender disparities, and policy makers have committed themselves to a number of gender specific goals in recent years. Pakistan has ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Specific policies to promote gender equity have been articulated in the National Plan for Development and Empowerment of Women (2002), the National Plan of Action (1998) and the Government s Poverty Reduction Strategy Paper (PRSP). The PRSP is aligned with the Millennium Development Goals (MDGs) and identifies gender equality as an explicit goal. Reducing gender gaps and reversing long-standing trends in gender inequality will require interventions that promote women s voice and create an environment that fosters women s greater involvement in the public sphere. There have been a number of efforts in Pakistan to address gender inequality on the legal and political fronts. The reservation of seats for women in local government and in Provincial and National Assemblies has brought about an unprecedented increase in women s political participation, creating space for women s voice. Government and civil society alike have led efforts to mitigate violence against women and other violations of the law. In 2004, Parliament passed a Bill against honor killings. Discriminatory laws prominent among them the Hudood Ordinances have become the subject of increasing debate in recent years. The National Commission on the Status of Women (NCSW), charged with the mandate of reviewing existing laws and suggesting reforms, has recommended that the Hudood Ordinances be repealed. The Government currently is reviewing the NCSW s recommendation on the Hudood Ordinances. 93
  • 107. Session 7: Equal Employment and OccupationILO Convention No. 111 94
  • 108. Session 6: ILO Convention No. 111 Tile of Session: ILO Convention No. 111 Discrimination in Respect of Employment and Occupation Introduction: This session introduces ILO Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation 1958 convened in Geneva by the governing body of the International Labour Office on June 4, 1958. Objective: ? To orient participants on the basic concepts of Discrimination in respect of Employment and Occupation,. ? To have participants understand the 6 major articles of ILO Convention 1958. ? To share information about laws and policies in Pakistan to mitigate Discrimination in respect of Employment and Occupation . Target Audience: This session is specifically designed for workers, employers (public & private) and government officers Duration: 120 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides, colored cards & colored markers. Methodology: Brainstorming, case study, group work & interactive lecturing & discussion Preparation before Training: ? Prepare photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Results: ? Participants will be oriented and have sufficient knowledge on ILO Convention No. 111 and its Articles regarding discrimination in respect of employment and occupation. ? Participants will be sensitized regarding laws and policies in Pakistan with respect to mitigating discrimination in respect of employment and occupation. Process: Generating Interest in Topic 95
  • 109. STEP-I Demonstration (60 Minutes) ? ? Appreciate practical examples ? Review the participants' points and link them with discrimination in the workplace. ? Present Microsoft Power Point slides on Defining 'Discrimination' and its types. ? Briefly discuss the basic rights of the employees under constitution and legislation. ? Introduce participants to ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation 1958. ? Highlight the important Articles of the Convention ? 96 Ask participants to recall from memory and explain the definition and meanings of discrimination and note all the relevant points on the flip chart. Create an interactive discussion on the subject and respond to the participants' points.
  • 110. Explain the basic concepts as given below; HANDOUT # 23 Discrimination in Respect of Employment and Occupation Combating discrimination is a major challenge all over the world. Combating discrimination needs to be founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, as well as the rule of law, and to take all necessary measures to combat all kinds of discrimination, especially regarding employment and the labour market. Employment and occupation are crucial to ensuring equal opportunities for all and to contributing to the full participation of citizens in economic, social and cultural life. However, many cases of different kinds of discrimination have been identified in the field of employment and the labour market. Article 13 of the EC Treaty, introduced by the Treaty of Amsterdam, specifically empowers the Community to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation. Although the USA and European countries ban discrimination in the field of employment and occupation, the scope of this prohibition, its content and enforceability vary from country to country. According to article 26 of the International Covenant on civil and Political Rights: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Discrimination: Discrimination is defined as unfair treatment of a person or group on the basis of prejudice and bias or prejudice that results in denial of opportunity or unfair treatment regarding selection, promotion or transfer. Discrimination is commonly practice on the basis of age, disability, ethnicity, origin, political belief, race, religion, and sex, factors which are irrelevant to a person's competence or suitability. British law recognizes two kinds of racial discrimination: direct and indirect. Direct discrimination occurs when race, color, nationality, or ethnic or national origin is used as an explicit reason for discriminating. Indirect discrimination occurs when certain rules, regulations or procedures are operating, which have a discriminatory effect against certain groups of people. For example, staff at a shop in Blackburn had to wear a uniform skirt, but an Asian woman worker refused for religious reasons. A tribunal found the shop guilty of indirect discrimination, because a large number of Asian women would not be able to comply with the rule. In Pakistan women face discrimination both in society and in the labour market. According to the Constitution and laws in force discrimination does not exist. The Government s objective is to endeavor continuously to promote equality without any discrimination on the basis of age, disability, ethnicity, origin, political belief, race, religion or sex. 97
  • 111. Generally the Constitution and legislation have principles and rules that guarantee equality, ensuring that there is no discrimination in respect of employment and occupation. All workers have: 1. The right to work 2. The right to security of employment 3. The right to leisure 4. The right to education 5. The right to maternity leave 6. The right to avail sickness benefits 7. The right to avail compensation for occupational accidents 8. The right to receive social security during unemployment 9. The right to old age security benefits 10. The right to earn wages with equal value of work done 11. The right to a gradual rise in living and cultural standards 13. The right to equal treatment for women and men workers 14. The right to work at a safe place of employment. 98
  • 112. HANDOUT # 24 ILO Convention (No. 111) Concerning Discrimination in Respect of Employment and Occupation 1958 ILO Convention (No. 111) concerning Discrimination in respect of Employment and Occupation, 1958 was decided upon the adoption of certain proposals regarding discrimination in the field of employment and occupation. It was convened on June 4, 1958 during the 42nd session of the Governing Body of the International Labour Office in Geneva, considering that discrimination constitutes a violation of rights enunciated by the Universal Declaration of Human Rights. The promotion of gender equality is enshrined in the ILO Constitution with the affirmation that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunities . The ILO views gender equality as integral to Decent Work and recognizes gender mainstreaming as a strategy cutting across all the work of the organization. The Discrimination (Employment and Occupation) Convention, 1958 (No. 111), is the reference point for the fundamental right of non-discrimination at work, a most comprehensive instrument on the subject. Ratifying member States must declare and pursue a national policy to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating discrimination basis on sex as well as race, color, religion, political opinion, national extraction and social origin. ILO Convention No 111 defines discrimination as any distinction, exclusion or preference made on the basis of race, color, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or damaging equality of opportunity or treatment in employment or occupation. The definition has been determined by the member countries with employers representatives and workers organizations and other appropriate bodies. According to the Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations as well as terms and conditions of employment. Each member country which is in enforcing this Convention has to declare and pursue a national Policy designed to promote equality of opportunity and treatment in respect of employment and occupation by eliminating any discrimination, using methods appropriate to national conditions and practices. Each member country must also seek the co-operation of employers' and workers' organizations and other appropriate bodies to promote the acceptance and observance of this policy. There is also a requirement to endorse legislation and to promote educational programs to secure the acceptance and observance of the policy as well as to repeal any statutory provisions and to modify any administrative instructions or practices which are inconsistent with the policy. There is also a need to pursue the policy in respect of employment under the direct control of a national authority and to ensure observance of the policy in the activities of vocational guidance, vocational training and placement services under the direction of a national authority. Any measures/actions which affect an individual who is justifiably suspected of, or engaged in, activities damaging the state security shall not deemed to be discrimination, because the concerned individual shall have the right to appeal to the competent body established in accordance with national practice. 99
  • 113. There is a need to provide special measures of protection or assistance to other Conventions or recommendations adopted by the International Labour Conference: this shall not be deemed to be discrimination. After consultation with existing employers representatives and workers organizations any member countries may determine the measures designed to meet the requirement of persons needing special protection or assistance of any sex, age, disablement, family responsibilities or social or cultural status shall not deemed to be discriminatory. Each member country that ratifies this Convention must apply it to nonmetropolitan territories according to the provisions of the ILO Constitution. Demonstration (60 Minutes) ? Provide a brief overview of different laws and policies in Pakistan to mitigate and minimize the discriminations at the work place. ? Invite participants knowledge to describe the current situation in Pakistan through interactive discussion. ? Present important facts, laws and policies regarding subject matter and conclude the session. ? Respond to the participants relevant questions and comments. 100
  • 114. Information to Share HANDOUT # 25 Laws and Policies in Pakistan to Mitigate Discrimination in Respect of Employment and Occupation Combating discrimination is a major challenge in Pakistan. There is need to follow the principles of liberty, democracy, respect for human rights and fundamental freedoms, as well as the rule of law which is not in practice in Pakistan. Hence Pakistan must take specific measures necessary to combat discrimination of all kinds especially regarding employment and the labour market. The principle of the elimination of discrimination in respect of employment is recognized in Pakistan. The Constitution of Pakistan guarantees the right to work and to equal pay, irrespective of gender. 1. Objectives Resolution 1949 In Pakistan an Objective Resolution (1949) was passed by the Constituent Assembly of Pakistan in March, 1949 that provided the base for the equality of all citizens that later became a substantive part of the Constitution of Pakistan. This Constituent Assembly framed a Constitution for the sovereign independent State of Pakistan. According to this objective resolution the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed and will provide a guarantee of fundamental rights such as equality of status, of opportunity before the law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. 2. 1973 Constitution According to the 1973 Constitution laws related to equal opportunity were further improved. Article 11: Prohibits all forms of slavery, forced labour and child labour. Article 18: Allow every citizen can enter any trade, business or profession of his/her choice subject to his/her qualifications. Article 25: Provide guidelines for the equality of citizens i.e. that a. b. c. All citizens are equal before the law and are entitled to equal protection of the law. There shall be no discrimination on the basis of sex alone. There is nothing to prevent the State from making any special provision for the protection of women and children. Article 26: No qualified person can be discriminated against in the matter of employment on the basis of race, religion, caste, sex, residence or place of birth. Article 27: A complete ban on discrimination on the basis of sex in the appointment in the service in Pakistan , provided that the performance and functions of the job can be carried out by, and is deemed suitable for, both sexes. Article 32: Special representation shall be given to women in local government institutions (i.e., local bodies). Article 34: Steps shall be taken to ensure full participation of women in all spheres of national life . Article 37(e): Secure just and humane conditions of work, ensuring that children and women are not 101
  • 115. employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. Article 38: Secure the well-being of the people, irrespective of, inter-alia, their sex by raising their standard of living and ensure equitable adjustment of rights between employers and employees. 3. Labour Welfare Package 2000 The Labour Welfare Package for workers, announced by the Federal Government on April 30, 2000, made it obligatory for employers to offer gender equality and affirmative action. This package enforces equal remuneration for men and women for work of equal value through appropriate legislation, provides safeguards against sexual harassment through appropriate actions and suggests the recruitment of female labour inspectors for enforcement of labour laws on female workers. 4. Labour Policy 2010 The Federal Government introduced a new Labour Policy in 2010 that is divided into four parts including; legal framework, advocacy on rights of workers and employers, skill development and employment, including manpower export. The Policy pledges equal opportunities for all and categorically bans discrimination on the basis of gender, sex, race or other factors. 5. MoWD s steps Toward Elimination of Discrimination in Respect of Employment and Occupation The Ministry of Women Development has taken steps to advance the work for women s access to sources of livelihood, in particular, agriculture and livestock production and promoting equal employment opportunities without any discrimination. Following ILO Convention 111 the Ministry has undertaken measures to make work places conducive for women workers so they can do not need to fear discrimination or harassment. 6. Ratified International Instruments The support for equal employment opportunities further improved when Pakistan signed the following international instruments: ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ratified on 24/1/1961) UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (ratified on 12/3/1996) ILO Underground Work (Women) Convention, 1935 (No. 45) (ratified on 25/3/1938) ILO Night Work (Women)(Revised) Convention, 1948; and Protocol, 1990 (No. 89) (ratified on 14/2/1951) ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98) (ratified on 26/5/1952) UN Convention on the Political Rights of Women, 1953 (ratified on 7/12/1954) 102
  • 116. National Instruments: The Constitution Article 2-a: A substantive part of the Constitution, this Article guarantees certain fundamental rights, including the right of equality of status and opportunity as well as equality before the law, also provides for the principles of equality, and social and economic justice. Article 3: obligates the State to eliminate all forms of exploitation from society and to ensure the realization of the principle, from each according to his/her ability, to each according to his work . Article 38-a: The State is further obligated to secure the well-being of its people, irrespective of sex or caste and so on, by raising their standards of living and ensuring the equitable balance of rights between employers and employees . Comments Although the legislation for Equal Employment Opportunities in Pakistan has significantly evolved with the passage of time, there is still a huge gap in its implementation. One of the main reasons for this implementation gap is the lack of awareness of these rights amongst employees. For example, it is almost impossible to find employees suing employers for misconduct or injustice during the employment selection process. Articles 25, 26 and 27 of the Constitution ban discrimination in employment on the basis of race, religion, caste, sex, residence or place of birth. Although there are some employers, usually multinationals, which have adopted procedures to ensure equal opportunity to some extent, one can easily find cases of gender bias in which women are not considered equally capable for a particular job. Similarly, minorities and protected group members often face difficulties in getting the jobs of their own choice. To sum up, the Government still needs to review whether the very basic right of equality promised in the Objectives Resolution of March, 1949 is actually given to the public or not. 103
  • 117. HANDOUT # 26 Tile of Session: CEB Toolkit Introduction: The CEB (the UN Chief Executives Board) Toolkit for Mainstreaming Employment and Decent Work is designed to help organizations throughout the multilateral system (i.e. the UN) assess and improve employment and decent work outcomes of their own policies, programmes and activities. Objectives: To promote greater awareness about the CEB Toolkit and the decent work agenda as effective elements of a development strategy for poverty eradication and to share good practices in promoting employment and decent work at the national level. Target Audience: This session is specifically designed for workers, employers and Government officers. Time: 45 minutes Material: Markers, Flip Charts, Handouts, Notepads and ball points, multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role play & interactive discussions Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Outcome: Participants will have sufficient knowledge about the CEB Toolkit and the Decent Work agenda. Generating Interest in Topic Demonstration (15 Minutes) 1. Inform participants that they are going to receive orientation on the CEB Toolkit through understanding its primary concepts. 2. Ask participants to share their understanding of the CEB Toolkit as well as decent work equal opportunities and the treatment of both men and women in the workplace through role plays. In this regard, any practical examples can also be shared. 3. Divide participants into 2 groups and ask them some questions about decent work and the CEB Toolkit (5 minutes). 4. Invite participants to present their role play within 5 minutes 5. Choose relevant aspects from those performances and introduce participants to the basic concepts of the CEB Toolkit and its importance. 104
  • 118. Information to Share The UN Economic and Social Council (ECOSOC) approved a Ministerial Declaration encouraging the UN system to develop a toolkit to promote decent work. Since then the ILO has worked closely with other agencies through the Chief Executives Board (CEB) chaired by UN Secretary General Ban Ki-moon. The final product, a CEB Toolkit for Mainstreaming Employment and Decent Work, is designed to help organizations throughout the multilateral system assess and improve employment and decent work outcomes of their own policies, programmes and activities. W e strongly support fair globalization and resolve to make the goals of full and productive employment and decent work for all, including women and young people, a central objective of our relevant national and international policies as well as our national development strategies, including poverty reduction strategies, as part of our efforts to achieve the Millennium Development Goals. This commitment, made at the 2005 World Summit of the United Nations General Assembly, was reaffirmed in July 2006 at the high-level segment of the substantive session of the United Nations Economic and Social Council (ECOSOC) on the theme of Creating an environment at the national and international levels conducive to generating full and productive employment and decent work for all, and its impact on sustainable development . That full and productive employment and decent work for all, including women and young people, is the most effective route out of poverty has been confirmed with the adoption of a new Millennium Development Goal , which is to halve the proportion of people living on less than US$1 a day by 2015. There are four indicators for this new target: 1. Employment-to-population ratios 2. Proportion of own-account (self-employed) and contributing family workers in total employment (vulnerable employment) 3. Proportion of employed people living below US$1 per day (working poor) 4. Growth rate of GDP per person employed (labour productivity). The indicators are meant to be disaggregated by sex and urban/rural areas. The Toolkit has four main components: 1. A checklist of questions that serve as a lens to assess how policies, programmes and activities impact on employment and decent work 2. A knowledge sharing platform (http://cebtoolkit.ilo.org) to share expertise and tools on employment and decent work 3. Capacity development and advocacy to better understand and implement the Decent Work Agenda 4. Country level application to mainstream employment and decent work in national development frameworks. The Toolkit for Mainstreaming Employment and Decent Work will be instrumental in fostering greater policy coherence and convergence across the broad range of interlinked actions of the multilateral system, in line 105
  • 119. with the international agenda agreed globally and subscribed to by all countries. The Toolkit is designed to be a lens that agencies can look through to see how their policies, strategies, programmes and activities are interlinked with employment and decent work outcomes and how they can enhance these outcomes by taking full account of the implications of their policies, strategies, programmes and activities for employment and decent work during the design stage and while advising and assisting countries and constituents with regard to their adoption and implementation. Personal Application (25 Minutes) ? Generate discussion among participants regarding this topic with regard to different about topic questions; ? Conclude the discussion by adding the role of self-assessment in CEB Toolkit promotion. The overall objective of the draft Plan of Action is to enhance the coherence and synergy of UN system-wide activities in the areas of employment and decent work towards poverty eradication in the context of the continuous global economic and food crises. The strategic objectives pertaining to the four pillars of the ILO decent work agenda are broad, comprehensive, and critical to poverty eradication. Finally, it would seem logical as well as efficient to take advantage of the framework and platform already developed in support of the Toolkit for Mainstreaming Employment and Decent Work to give institutional teeth to the draft Plan of Action. It is understood that unemployment is expected to rise through at least the end of 2010, and probably into 2011. A prolonged jobs deficit is likely, as lessons from past financial crises show that the labour market tends to recover only four to five years after the economic recovery, which is not expected before next year. Given this, it is proposed that a first step for the Cluster Group (CG) is to liaise with the CEB member organizations, which lead the Global Jobs Pact and the global social protection floor initiatives to avoid duplication of work, seek inputs to the work of the CG and work out mutual support. Once this is done, the CG can identify key areas for joint activities, consistent with those undertaken in the two aforementioned areas, which may include: employment creation, including youth employment and green jobs for a transition to a low-carbon economy; social protection, in particular of the poor and other vulnerable groups; standards and rights at work, with a focus on child and forced labour; the impact of the global crises on development; and the role of social dialogue. It is proposed that the system-wide plan of action in support of national efforts be developed around four types of activities: ? Support the integration of decent work towards poverty eradication into national and international policies and programmes Mission and Objectives of the ILO The primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. Juan Somavia, ILO DirectorGeneral The International Labour Organization (ILO) is devoted to promoting social justice and internationally recognized human and labour rights, pursuing its founding mission statement that labour peace is essential to prosperity. Today, the ILO helps advance the creation of decent work and the economic and working conditions that give working people and business people a stake in lasting peace, prosperity and progress. Its tripartite structure provides a unique platform for promoting decent work for all women and men. Its main aims are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues. 106
  • 120. The ILO has four strategic objectives 1. Promote and realize standards and fundamental principles and rights at work 2. Create greater opportunities for women and men for decent employment and income. 3. Enhance the coverage and effectiveness of social protection for all 4. Strengthen tripartism and social dialogue. In support of its goals, the ILO offers unmatched expertise and knowledge about the world of work, acquired over more than 90 years of responding to the needs of people everywhere for decent work, livelihoods and dignity. It serves its tripartite constituents - and society as a whole - in a variety of ways, including: 1. Formulating international policies and programmes to promote basic human rights, improve working and living conditions, and enhance employment opportunities 2. Creating international labour standards backed by a unique system to supervise their application 3. Implementing an extensive programme of international technical cooperation formulated and implemented in an active partnership with constituents, to help countries put these policies effectively into practice 4. Training, education and research activities to help advance all of these efforts. Organizational Self-assessment: A self assessment at the institutional level ideally should involve a mix of personnel those responsible for key policy decisions of the agency and technical staff covering different technical areas and, as appropriate, geographical areas. An organization may decide to form a team for the exercise, which could then continue to spearhead its efforts to maximize employment and decent work outcomes. Importantly, the representative of the organization to the High-Level Committee on Programmes (HLCP) of the CEB should play a lead role. In addition, it is necessary that all those involved in conducting the self-assessment should be well acquainted with the Decent Work Agenda and the Toolkit itself. Before carrying out the self assessment, an awareness raising/advocacy session could be organized with support from the ILO. 107
  • 121. HANDOUT # 26 Existing Status in Pakistan Concerning Discrimination in Respect of Employment and Occupation Pakistan has ratified both international core labour Conventions aimed at eliminating discrimination in respect of employment and occupation. However, women are often discriminated against in employment and suffer from harassment at the workplace due to the lack of the adoption and implementation of a national law against harassment. The ILO supervisory bodies continue to urge the government of Pakistan to inform them on measures taken to adopt effective equal remuneration and on policies to eradicate discrimination on the basis of sex. Women are generally excluded from the mainstream economic, social and political activities in Pakistan. Pakistan s ranking in the UNDP Gender Related Development index (GDI) which covers such factors as life expectancy, education and income, is 107 out of 140 countries. The Constitution of the Islamic Republic of Pakistan gives equal rights to both women and men. However, in practice women are rarely equal to their male counterparts. According to the Human Development Report 2007/2008 the Gender Empowerment Measure (GEM) rank of Pakistan, among 93 countries registered with UN, is 82. The GEM quantitatively measures the empowerment of women on a country basis. This indicator includes the measure of inequality in control over earned economic resources, participation in political decision-making and economic decision-making. Pakistan ratified ILO Convention 111 (Discrimination Employment and Occupation) Convention, 1958), on 24th of January 1961. This Convention prohibits discrimination on the basis of sex; however, in practice this provision is not enforced. Women face significant discrimination in getting employment and are paid less than men for similar work. Strong societal pressure prevents women from working outside the home in many rural areas of the country. Sexual harassment against women is also a widespread problem throughout Pakistan. Issues/Hindrances to Assess the Situation No indicators or statistics are available or envisaged as a means of assessing the situation with regard to the principle of the elimination of discrimination in respect of employment and occupation. Nor are any data collected or compiled. Trends can be studied and analyzed qualitatively; however, there is apprehension in employing this approach, as it may not be fully objective due to a lack of statistics. There is no information that might allow a better assessment of the situation in the country. The principle of the elimination of discrimination in respect of employment is recognized in Pakistan but the law does not define the term gender discrimination . Concerning the criteria for defining the prohibition of discrimination in respect of employment and occupation (e.g. sex, race, religion, national extraction), it can be stated that the Constitution provides for freedom in employment and occupation for everyone. With regard to the means of implementing the principle, there are no specific bodies or mechanisms for the elimination of discrimination. 108
  • 122. Efforts made or envisaged to ensure respect, promotion and realization of these principles rights: The present situation does not facilitate the adoption of measures to promote the elimination of discrimination in respect of employment and occupation. However, the APTUC (All Pakistan Trades Union Congress) is among the organizations taking measures to promote the elimination of discrimination in employment and occupation. The Government has acted only as an observer as regards the promotion and realization of the elimination of discrimination. There are shortcomings when it comes to implementing laws, rules and regulations. If these shortcomings are not addressed, no other efforts can improve the situation. Contrary to commonly held beliefs, the Holy Quran is particularly solicitous about women's wellbeing and development. However, women have been the targets of the most serious human rights violations in Muslim societies. The contradiction that exists between women related practices and Islamic ideals are problematic (Perveen: 1999). Before presenting a detailed analysis of the status of gender related issues in Pakistan, it is important to list the structural changes that have reformulated and re-engineered the development landscape of Pakistan and hence the lives of women and men over the last decade. Government Policy on Gender: Since the year 2000 the Government has taken many steps forward in the area of women s empowerment. These include: Ordinance to free women prisoners Sensitization of media personnel Program to help young traders (opened by Prince Charles) Approval of Project Jafakash Aurat (Tharparkar) Women s political empowerment through capacity building and institutional strengthening Establishment of five new women s crisis centers IT training for elected women Councilors in local Government Passage of the Women Protection Act Approval for 10% quota for women across the board Aghaee Moem Draw: Successful completion of Media Campaign CEDAW Debriefing session All these programs and policies of the Government have been enacted to ensure that that status of women is made better in the country. In addition to these programs and policies, a National Policy for the Development and Empowerment of Women was developed in March 2002. It deals with social empowerment (education, health, law and access to justice, violence against women, women in the family and community, and the girl child) by applying poverty alleviation measures, access to credit and remunerated work, recognizing women in the rural and informal sectors and through sustainable development. Also, political empowerment is considered important and so is policy implementation through institutional arrangements, coordination and monitoring. 109
  • 123. Session 8: Home Based Workers ILO Convention No. 177 110
  • 124. Session 7: ILO Convention No. 177 Tile of Session: ILO Convention No. 177 concerning the Importance of Protection and Equal Treatment for Home Based Workers Introduction: ? This session focuses on ILO Convention No. 177 for home based workers and its major Articles as it was adopted on June 04, 1996. ? This session will highlight the importance of the protection of and equal treatment for home based workers. Objectives: ? To sensitize participants regarding important articles of ILO Convention No. 177. ? To briefly discuss the meaning of home based workers and their rights. ? To highlight the available laws and policies in Pakistan for home based workers and the current reforms especially focusing women as home based workers. Target Audience: This session is specifically designed for workers, employers and government officers. Time: 45 minutes Material: Markers, Flip Charts, Handouts, pen and writing pads, Multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role play, case studies and interactive discussion Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Microsoft Power Point Slides Expected Outcome: Participants will have a fair idea of and information regarding ILO Convention No. 177 for Home Based Workers. 111
  • 125. Example 3.1 Generating Interest in Topic Demonstration (15 Minutes) 1. Ask participants to share their knowledge, information and experiences in order to define Home Based Workers . 2. Record all the responses on the flip chart and share the following; Home Worker Home Worker can be defined as; Growing business practice in which an employee or entrepreneur works at home instead of in a company office . Or He who contracts with a person, for the purposes of the person's business, for the execution of work to be done in a place not under the person's control or management . 1. Divide participants into 2 groups to prepare either a role play or group presentation to discuss the major difficulties and barriers faced by home based workers in Pakistan. (Appreciate practical examples) 2. Invite participants to present their role play / presentation within 5 minutes. 3. Select relevant information from presentations and add practical examples which are left by presenters for their better understanding on the subject. 112
  • 126. Information to Share (15 Minutes) ? Introduce Participants to ILO Convention No. 177 and standards regarding protection & equality. ? Present definition of home based worker provided by the Convention. ? In the light of Articles from ILO Convention No. 177, discuss the application and implementation of the Convention. ? Demonstrate how this Convention seeks the promotion of equality and treatment through various Articles. ? Respond to the queries and information required by the participants. ILO Convention No. 177 Regarding Home Work 1996 This Convention was adopted on June 20, 1996 in Geneva by the Governing Body of the International Labour Office but came into force on April 22, 2010. It was subjected on conditions of employment during the 83rd session of the Conference. It was aimed at recalling that many international labour Conventions and Recommendations laying down standards of general application concerning working conditions are applicable to home based workers. Gender equality is now globally accepted as a necessity for sustainable development and poverty reduction for women and men, improving living standards for all. It is vital for productive economies, profitable businesses and realizing people s full potential and happiness. Protection and Equality Promotion International labour standards for women workers have been prompted by the dual concerns of protecting women workers from arduous conditions and ensuring equality with men in opportunity and treatment at work. Initially the emphasis was on the first objective but attention has subsequently shifted to the promotion of equality. Two types of special measures are generally needed for gender equality; Women s empowerment and the advancement of women and men: Protective measures to safeguard workers reproductive functions, and affirmative or positive action measures to overcome the effects of (past) discrimination. Economic progress by itself does not lead to automatic improvements in the quantity and quality of income earning opportunities and jobs, particularly for women. In fact, the level of socio-economic development and countries performance on equality and social justice indicators are not strongly correlated. This suggests that a country s development goals, laws, policies and practices relating to the promotion of equal chances in life for its people and fair income distribution are vital. 113
  • 127. Definition of Home Worker Article 1 provides definition of home worker as; (a) The term [home work] means work carried out by a person, to be referred to as a home worker, (i) (ii) (iii) (b) (c) In his or her home or in other premises of his or her choice, other than the workplace of the employer; For remuneration. Which results in a product or service as specified by the employer, irrespective of who provides the equipment, materials or other inputs used, unless this person has the degree of autonomy and of economic independence necessary to be considered an independent worker under national laws, regulations or court decisions. Persons with employee status do not become home based workers within the meaning of this Convention simply by occasionally performing their work as employees at home, rather than at their usual workplaces. The term [employer] means a person, natural or legal, who, either directly or through an intermediary, whether or not intermediaries are provided for in national legislation, gives out home work in pursuance of his or her business activity. Application & Implementation of Convention Article 3 articulates the application of the Convention as; Each Member which has ratified this Convention shall adopt, implement and periodically review a national policy on home work aimed at improving the situation of home based workers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations concerned with home based workers and those of employers of home based workers . Article 5 of the Conventions asks for implementation as; The national policy on home work shall be implemented by means of laws and regulations, collective agreements, arbitration awards or in any other appropriate manner consistent with national practice. Article 7 asks member states that; National laws and regulations on safety and health at work shall apply to home work, taking account of its special characteristics, and shall establish conditions under which certain types of work and the use of certain substances may be prohibited in home work for reasons of safety and health. Promoting Equality of Treatment Article 4 of the Convention asks to promote equality of treatment as; 1. The national policy on home work shall promote, as far as possible, equality of treatment between home based workers and other wage earners, taking into account the special characteristics of home work and, where appropriate, conditions applicable to the same or a similar type of work carried out in an enterprise. 2. Equality of treatment shall be promoted, in particular, in relation to: (a) 114 The home based workers' right to establish or join organizations of their own choosing and to participate in the activities of such organizations;
  • 128. (b) (c) (d) (e) (f) (g) (h) Protection against discrimination in employment and occupation; Protection in the field of occupational safety and health; Remuneration; Statutory social security protection; Access to training; Minimum age for admission to employment or work; and Maternity protection. Article 8 of the Convention demands; Where the use of intermediaries in home work is permitted, the respective responsibilities of employers and intermediaries shall be determined by laws and regulations or by court decisions, in accordance with national practice. Compliance with the Convention Article 9 demands that member states establish; 1. A system of inspection consistent with national law and practice [that] shall ensure compliance with the laws and regulations applicable to home work. 2. Adequate remedies, including penalties where appropriate, in case of violation of these laws and regulations shall be provided for and effectively applied. Dissolving the Convention Article 13 says; 1. A Member which has ratified this Convention may denounce it after the expiration of ten years from the date on which the Convention first comes into force, by an act communicated to the DirectorGeneral of the International Labour Office for registration. Such denunciation shall not take effect until one year after the date on which it is registered. 2. Each Member which has ratified this Convention and which does not, within the year following the expiration of the period of ten years mentioned in the preceding paragraph, exercise the right of denunciation provided for in this Article, will be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years under the terms provided for in this Article. 115
  • 129. Personal Application (15 Minutes) Discussion ? Ask participants to identify the home based workers related laws and policies in Pakistan. ? Ask participants to identify current reforms in Pakistan regarding home based workers. ? Ask participants how they can practically add their input (knowledge into practice) or can play their role in future in terms of this Convention. Conclude the session by highlighting the important relevant information on laws and policies for home based workers. Additionally, present the current scenario in Pakistan with respect to women home based workers. Home based workers related Laws & Policies in Pakistan 1. The Workmen s Compensation Act 1923 This Act aims to provide payment by certain classes of employers to their workmen of compensation for injury by accident. This Act is not a penal statue against employers but merely lays down the duties and liabilities of one citizen to another. In this Act it is also defined that adult and minor man respectively [is] a person who is not, and a person who is, under the age of fifteen years . 2. Employees Cost of Living Act 1973 ? This Act provides for payment of a cost of living allowance to employees. In this Act, the definition of employee is provided as; ? Any person employed, whether directly or through any other person, for wages to do any skilled or unskilled , intellectual, technical, clerical, manual other work in or in connection with the affairs of an undertaking under any contract of services or apprenticeship, whether written or oral, express or implied and includes such a person when laid off, but does not include . Current Situation in Pakistan Pakistan is one of the countries where a large number of women are engaged in home-based work due to poverty and to supplement family income. Providing the first-ever national platform to home-based female workers in Pakistan, a union has been launched to collectively fight for their rights. Three constituent organizations including Action Aid are demanding legal and social protection for these workers and repeal of discriminatory laws against women. Over 600 home-based women workers representatives from Punjab, Balochistan, Sindh, NWFP and Azad Kashmir participated in the Congress. On August 23, the union office-bearers held a press conference at the Lahore Press Club. They told the media that legal recognition should be given to home-based workers across the country and they should also be provided with the facility of social security besides granting pension and stipends to their children. The Union also demanded that the government should apply the minimum wages rule to these workers and should ratify ILO Convention 177. They demanded that labour laws should be applied to these workers and discriminatory laws against women should be repealed. 116
  • 130. The Pakistan Government has been urged to ratify the ILO Convention on Home-based Workers to give recognition to Home Based Women Workers (HBWW) and safeguard their rights (November 2006). The Aurat Foundation in collaboration with Homenet Pakistan held an interaction with the media in August in 2010 at the Karachi Press Club to highlight the plight of HBWWs . Additionally, the Provincial Government of Khyber Pakhtunkhwa will provide social security and other necessary facilities to home-based workers through legislation to be carried out this year (July 28, 2010). Pakistan has also adopted a Code of Conduct for Gender Justice in the Workplace that will deal with cases of sexual harassment. The Alliance Against Sexual Harassment (AASHA) announced they would be working with the committee to establish guidelines for the proceedings. AASHA defines sexual harassment much the same as it is defined in the U.S. and other cultures. The USAID/Pakistan is preparing to launch a new, five year, Gender Equity Program (GEP) that aims to advance women s human rights and empowerment through the following four objectives: (1) Enhancing gender equity by expanding women s access to justice and women s human rights; (2) Increasing women s empowerment by expanding knowledge of their rights and opportunities to exercise their rights in the workplace, community, and home; (3) Combating gender-based violence; (4) Strengthening the capacity of Pakistani organizations that advocate for gender equity, women s empowerment and the elimination of gender-based violence. USAID will provide support to one or more Pakistani organizations that will function in a project management role for the GEP to provide grants to a variety of civil society actors working in the area of gender equity and , human rights. The following are the labour laws which also address certain needs, rights and issues of the work force in Pakistan: Social Security Ordinance, 1965 Minimum Wage Ordinance, 1961 The West Pakistan Minimum Wages for Un-skilled Workers Ordinance, 1969 The process of organizing home-based women workers and facilitating them to work together will help them overcome their social isolation and silence. They will be able to network with one another and learn from each other s experiences. Their communication capacities will be additionally improved and they will become more expressive and vocal about their concerns and problems. Their position in the patriarchal households will be improved, as will their economic standing. Pakistani women have long battled against exclusion and subjugation, but their collectivism and organization are now gradually helping them gain self-confidence and a sense of worth. Ultimately, the achievements gained through the various lobbying efforts and campaigns are a testament to women s power to bring about a positive change. Home-based workers may have a long way to go, but their 1,000-mile journey has indeed begun. 117
  • 131. Case Studies: Home Based Women Workers Experiences "We work from 6 in the morning till 10 at night making 350 bangles every day and in return get only Rs 3. Even if a single bangle breaks, the cost is extracted from our wages. Aman Khala, 55, a home-based bangle maker from Hyderabad. While making the bangles we have to sit in a squatting position for hours which makes our knee joints ache. We don t have glasses or any other safety equipment to use while welding the glass [for the bangles]. The chemicals used in the dye cause skin allergies and respiratory problems, even tuberculosis. Aasia, 42. W e have to bear all medical expenses for work-related injuries. Whether we live or die, the employer has nothing to lose. If one of us gets ill, he gives the work to someone else. Shazia. Aman, Aasia and Shazia are among the millions of women in Pakistan working in the informal sector making garments and bangles, stitching sacks and footballs and weaving carpets. These women represent about 75% of the total informal workforce, but their hard work and economic contribution remains largely invisible and unrecognized. Home-based women workers face poor working conditions, repetitive and hazardous work, long working hours (14-16 hours on average) and wages as low as Rs 300 to 400 (less than US$5) per month. 118
  • 132. Process: Generating Interest in Topic STEP I: Demonstration (15 Minutes) ? Ask participants to share their knowledge, information and experiences to define Home Worker . ? Record all the responses on the flip chart and share the following; Home Worker (change to Home Based Workers) Home Worker can be defined as; Growing business practice in which an employee or entrepreneur works at home instead of in a company office . Or He who contracts with a person, for the purposes of the person's business, for the execution of work to be done in a place not under the person's control or management . ? Divide participants into groups to prepare a role play ? OR select one of the case studies given above to be used in a group presentation to discuss the major difficulties and barriers faced by home based workers in Pakistan. Focus particularly on mobility, capacity, linkages with markets, negotiations, and communication. (Appreciate practical examples) ? Allow 15 minutes for articulation and preparation of the role play ? Allocate 5 minutes for the role play/or presentation ? Select relevant information from presentations and add practical examples which are left by presenters for their better understanding of the subject. STEP II: Demonstration (15 Minutes) ? Introduce participants to ILO Convention No. 177 and standards regarding protection & equality of home-based workers. ? Present the definition of home worker provided by the Convention. ? In the light of Articles from ILO Convention No. 177, discuss the application and implementation of the Convention. ? Demonstrate that how this article seeks promotion of equality & treatment through various articles. ? Respond to the participants queries. 119
  • 133. Promoting Decent Work for Home-Based Workers Background Home-based worker refers to the general category of workers, within the informal or unorganized sector, who carry out remunerative work within their homes or in the surrounding grounds. However, the term home-based work encompasses a wide diversity of activities. Home-based workers do piecework for an employer, who can be a subcontractor, agent or a middleman, or they can be self-employed on their own or in family enterprises. They can work in the new economy (e.g. assembling micro-electronics) or the old (e.g. weaving carpets). Home-based workers are not confined to developing countries only but are found in developed countries as well. It is estimated that there are over 100 million home-based workers in the world and more than half this number are in South Asia. Close to 80% of them are women. The ILO has adopted Convention No.177 for Home Based Workers which calls upon the member Countries to adopt, implement and periodically review a national policy on home based work aimed at improving the situation of home workers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations concerned with home workers and their employers. Situation in Pakistan Pakistan has not adopted ILO Convention 177; nor is there a National Policy on Home-Based Workers (HBWs). In the recent past, various civil society organizations (supported by the ILO & UN-Women) have jointly carried out consultations and drafted a National Policy on HBW which was routed through the Ministry of Women Development and is presently with the Ministry of Labour & Manpower for final endorsement. Problem Analysis for Home-based Workers Experience shows that the workers in the informal/home-based sector are confronted by the following major problems: these can be termed as Decent Work Deficits for HBWs : a. Employment Deficit Most job seekers are compelled to work in informal economy because the formal sector does create enough jobs to absorb the demand. b. Rights Deficit Informal workers are not covered by labour legislation primarily because the Labour Code is based on an employer-employee relationship whereas in the case of informal workers, there is usually no formal contract to cover either liabilities or contractual obligations. Rather, a verbal arrangement exists. Informal workers face poor working conditions and their rights are not protected. They do not enjoy legal or social protection and have no voice to protect their interests. c. Social Protection Deficit Social security laws apply only to formal/organized workers covered by labour laws. Informal workers have no retirement or illness benefits and are exposed to occupational risks such as accidents and serious health 120
  • 134. hazards. Women represent a large part of the informal economy. Their working conditions are often unacceptable. d. Representation Deficit Informal workers and entrepreneurs are often not organized, not represented in forums, and have little or no voice. Therefore, little attention is given to their interests. They cannot negotiate or bargain with employers, donors, civil society or public administration for their rights. e. Growth Deficit Informal/home-based workers usually have zero growth in their productive activities primarily because of their lack of access to skills enhancement and competitive growth opportunities. They mostly lack opportunities to diversify their skills in line with changing market traditions or innovations. f. Lack of Access to Financial Resources Due to their invisibility and lack of organization, informal/home-based workers have minimal or no outreach to financial resources; particularly those financial products which are specifically designed for such target groups. In most cases, the HBWs are unaware of such opportunities and when they do have information they lack access and eligibility for such resources. g. Home-based Workers are Generally Poorly Paid It is almost universally true that in all economies the earnings of home based workers are lower than those of other workers, and often earn less than the minimum wage, primarily because they do not have sufficient bargaining power and in spite of the fact that their employers have no liabilities that are part of setting up a workplace . h. Home-based Workers May Appear to Be Independent but in Most Cases Are Not On the surface, home-based workers may seem to have substantial latitude in terms of the hours they work, the materials they use, and when and how they want to work. In reality, their supply and marketing relationships are most often a disguised and unregulated form of employer-employee relationship, camouflaged through an often complex arrangement of agents, traders and subcontractors. Their stress levels are usually higher than those of workplace-workers. i. Home-based Workers Have Special Housing Requirements As the name implies, home-based workers work at home, but because the majority are poor, in both developed and developing countries, work and family life must co-exist in very cramped quarters. In addition to lack of space, many of these homes lack adequate light and other facilities. In addition, in many situations they are vulnerable to fire, theft and both natural and civil disturbances. As many of the workers also have no title to their homes, they may also find themselves literally "out on the street" at the whim of family members, landlords or local governments. Promoting Decent Work for Informal / Home-based Workers The ILO in Pakistan is currently implementing a project titled Towards Gender Parity in Pakistan (TGP) which aims to contribute to promoting gender-responsive policies and work practices. 121
  • 135. Among various other interventions, the Project has a major focus on promoting Decent Work for informal/home-based workers, who constitute more than 70% of the workforce and yet do not have any of the rights associated with being a worker. The project has adopted a three tier strategy to address this issue effectively: a. Policy level support a) Supporting an advocacy campaign through national civil society organizations b) Pursuing the Ministry of Labour & Manpower (MoLM) to quickly process the draft National Policy on HBWs and also to consider ratification of Convention 177. b. Institutional level support a) Mobilized workers and employers to support the HBWs policy as well as support HBWs through their regular programs. b) An advocacy campaign with social security institutions (Employees Social Security Institutions, Employees Old-Age Benefits Institution, Workers Welfare Fund etc.) to include HBWs in their programs. c) Facilitated an exposure visit to the Philippines and Thailand for key national Labour-Market Stakeholders to learn from their experiences on including HBWs in national policies and programs. c. Grassroots level support a) Five pilot programs have been started to provide integrated support to HBWs while focusing on nine Decent Work Deficits (mentioned above). These pilot programs are jointly funded by the ILO and UNWomen and are being implemented by the following partners in different locations: Sr. Location Target Group 1. 2. 3. 4. 5. 122 Name of Partner Agency HomeNet Pakistan Baidarie Rahnuma-FPAP SAFWCO TRDP Kasur (Punjab) Sialkot (Punjab) Faisalabad (Punjab) Hyderabad (Sindh) Mithi (Sindh) Chik-makers (bamboo blinds) Football Stitchers Quilt-makers Handicraft makers Handicraft makers
  • 136. Information to Share HANDOUT # 27 ILO Convention No. 177 Regarding Home Work 1996 This Convention was adopted on June 20, 1996 in Geneva by the Governing Body of the International Labour Office but came into force on April 22, 2010. It was subjected on conditions of employment during the 83rd session of the Conference. It was aimed at recalling that many international labour Conventions and Recommendations laying down standards of general application concerning working conditions are applicable to home workers. Gender equality is now globally accepted as a necessity for sustainable development and poverty reduction for women and men, improving living standards for all. It is vital for productive economies, profitable businesses and realizing people s full potential and happiness. Protection and Equality Promotion International labour standards for women workers have been prompted by the dual concerns of protecting women workers from arduous conditions and ensuring equality with men in opportunity and treatment at work. Initially the emphasis was on the first objective but attention has subsequently shifted to the promotion of equality. Two types of special measures are generally needed for gender equality; Women s empowerment and the advancement of women and men: Protective measures to safeguard workers reproductive functions, and affirmative or positive action measures to overcome the effects of (past) discrimination. Economic progress by itself does not lead to automatic improvements in the quantity and quality of income earning opportunities and jobs, particularly for women. In fact, the level of socio-economic development and countries performance on equality and social justice indicators are not strongly correlated. This suggests that a country s development goals, laws, policies and practices relating to the promotion of equal chances in life for its people and fair income distribution are vital. Definition of Home Worker Article 1 provides definition of home worker as: (a) The term [home work] means work carried out by a person, to be referred to as a home worker, (i) (ii) (iii) In his or her home or in other premises of his or her choice, other than the workplace of the employer; For remuneration. Which results in a product or service as specified by the employer, irrespective of who provides the equipment, materials or other inputs used, unless this person has the degree of autonomy and of economic independence necessary to be considered an independent worker under national laws, regulations or court decisions. 123
  • 137. (b) Persons with employee status do not become home workers within the meaning of this Convention simply by occasionally performing their work as employees at home, rather than at their usual workplaces. © The term [employer] means a person, natural or legal, who, either directly or through an intermediary, whether or not intermediaries are provided for in national legislation, gives out home work in pursuance of his or her business activity. Application and Implementation of Convention Article 3 articulates the application of convention as; Each Member which has ratified this Convention shall adopt, implement and periodically review a national policy on home work aimed at improving the situation of home workers, in consultation with the most representative organizations of employers and workers and, where they exist, with organizations concerned with home workers and those of employers of home workers . Article 7 asks member states that; National laws and regulations on safety and health at work shall apply to home work, taking account of its special characteristics, and shall establish conditions under which certain types of work and the use of certain substances may be prohibited in home work for reasons of safety and health. Promoting Equality of Treatment Article 4 of the convention asks to promote equality of treatment as; 1. The national policy on home work shall promote, as far as possible, equality of treatment between home workers and other wage earners, taking into account the special characteristics of home work and, where appropriate, conditions applicable to the same or a similar type of work carried out in an enterprise. 2. Equality of treatment shall be promoted, in particular, in relation to: (a) (b) (c) (d) (e) (f) (g) (h) The home workers' right to establish or join organizations of their own choosing and to participate in the activities of such organizations; Protection against discrimination in employment and occupation; Protection in the field of occupational safety and health; Remuneration; Statutory social security protection; Access to training; Minimum age for admission to employment or work; and Maternity protection Article 8 of the Convention demands; Where the use of intermediaries in home work is permitted, the respective responsibilities of employers and intermediaries shall be determined by laws and regulations or by court decisions, in accordance with national practice. 124
  • 138. Compliance with the Convention Article 9 demands member states to establish: 1. A system of inspection consistent with national law and practice shall ensure compliance with the laws and regulations applicable to home work. 2. Adequate remedies, including penalties where appropriate, in case of violation of these laws and regulations shall be provided for and effectively applied. STEP III: Personal Application (15 Minutes) Discussion ? Ask participants to identify the home based workers related laws and policies in Pakistan. ? Ask participants to select current reforms in Pakistan regarding home based workers. ? Tell participants that how they can practically add their input (knowledge into practice) or can play their role in future in terms of this convention. Conclude the session through highlighting the important relevant information on laws and policies for home based workers. Additionally, present the current scenario in Pakistan with respect to women home based workers. 125
  • 139. Information to Share HANDOUT # 28 Home Worker Related Laws & Policies in Pakistan 3. The Workmen s Compensation Act 1923 This Act aims to provide payment by certain classes of employers to their workmen for compensation for injury by accident. This Act is not a penal statue against employers but merely lays down duties and liabilities of one citizen to another. In this Act it is also defined that adult and minor man respectively a person who is not and a person who is under the age of fifteen years . 4. Employees Cost of Living Act 1973 This is an act to provide for payment of a cost of living allowance to employers. In this act, the definition of employee is provided as; Any person employed whether directly or through any other person for wages to do any skilled or unskilled , intellectual, technical, clerical, manual other work in or in connection with the affairs of an undertaking under any contract of services or apprenticeship, whether written or oral express or implied and includes such a person when laid off, but does not include . Current Situation in Pakistan Pakistan is one of those countries where a large number of women are engaged in home-based work due to poverty and to supplement family income. Providing the first-ever national platform to home-based female workers in Pakistan, a union has been launched to collectively fight for their rights. Three constituent organizations including Action Aid are demanding legal and social protection for these workers and repeal of discriminatory laws against women. Over 600 home-based women workers representatives from Punjab, Balochistan, Sindh, NWFP and Azad Kashmir participated in the congress. On August 23, the union office-bearers held a press conference at Lahore Press club. They told the media that legal recognition should be given to home-based workers across the country and they should also be provided with facility of social security besides granting pension and stipends to their children. The union also demanded that the government should apply the minimum wages rule to these too workers and ratify ILO Convention 177. They demanded that labour laws should also be applied to these workers and discriminatory laws against women should be repealed. The Pakistan government has urged to ratify the International Labour Organization (ILO) Convention on Home-based Workers to give recognition to the Home Based Women Workers (HBWW) and safeguard their rights (November 2006). The Aurat Foundation in collaboration with Home net Pakistan today held an interaction with media at Karachi Press Club to highlight plight of HBWW Justice . Additionally, the provincial government of Khyber Pukhtunkhwa will provide social security and other necessary facilities to the home-based workers through legislation to be carried out this year. (July 28, 2010) Pakistan has also adopted a Code of Conduct for Gender Justice in the Workplace that will deal with cases of sexual harassment. The Alliance Against Sexual Harassment (AASH) announced they would be working with the committee to establish guidelines for the proceedings. AASH defines sexual harassment much the same 126
  • 140. as it is defined in the U.S. and other cultures. The USAID/Pakistan is preparing to launch a new, five year, Gender Equity Program (GEP) that aims to advance women s human rights and empowerment through the following four objectives: (1) Enhancing gender equity by expanding women s access to justice and women s human rights; (2) Increasing women s empowerment by expanding knowledge of their rights and opportunities to exercise their rights in the workplace, community, and home; (3) Combating gender-based violence; (4) Strengthening the capacity of Pakistani organizations that advocate for gender equity, women s empowerment and the elimination of gender-based violence. USAID will provide support to one or more Pakistani organizations that will function in a project management role for the GEP to provide grants to a variety of civil society actors working in the area of gender equity and , human rights. Furthermore, following are the labour laws which also address certain needs, rights and issues of the work force in Pakistan: Social Security Ordinance, 1965 Minimum Wage Ordinance, 1961 The West Pakistan Minimum Wages for Un-skilled Workers Ordinance, 1969 The process of organizing the home-based women workers and facilitating them to work together will help them overcome their social isolation and silence. They will be able to network with one another and learn from each other s experiences. Their communication capacities will be additionally improved and they will become more expressive and vocal about their concerns and problems. Their position in the patriarchal households will be improved, as has their economic standing. Pakistani women have long battled against exclusion and subjugation, but their collectivism and organization is now gradually helping them gain selfconfidence and a sense of worth. Ultimately, the little achievements gained through the various lobbying efforts and campaigns are a testament of women s power to bring about a positive change. Home-based workers may still have a long way to go, but their 1,000-mile journey has indeed begun. Case Studies "We work from 6 in the morning till 10 at night making 350 bangles every day and in return get only Rs 3. Even if a single bangle breaks, the cost is extracted from our wages. Aman Khala, 55, a home-based bangle maker from Hyderabad. While making the bangles we have to sit in a squatting position for hours which makes our knee joints ache. We don t have glasses or any other safety equipment to use while welding the glass [for the bangles]. The chemicals used in the dye cause skin allergies and respiratory problems, even tuberculosis. Aasia, 42. W e have to bear all medical expenses for work-related injuries. Whether we live or die, the employer has nothing to lose. If one of us gets ill, he gives the work to someone else. Shazia. Aman, Aasia and Shazia are among the millions of women in Pakistan working in the informal sector making garments and bangles, stitching sacks and footballs and weaving carpets. These women represent about 75% of the total informal workforce, but their hard work and economic contribution remains largely invisible and unrecognized. Home-based women workers face poor working conditions, repetitive and hazardous work, long working hours (14-16 hours on average) and wages as low as Rs 300 to 400 (less than US$5) per month. 127
  • 141. Session: 9 Night Worker Convention 128
  • 142. Tile of Session: Night Workers Convention Introduction: This session introduces the Convention, The General Conference of the International Labour Organisation Night Work Convention, which was held in Geneva in 1990. Objective: To create awareness about night workers basic rights and condition and problems and especially their health issues Target Audience: This session is specifically designed for workers, employers and government officers. Time: 45 minutes Material: Markers, Flip Charts, Handouts, Notepads and ball points, multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role play and interactive discussion Preparation before Training ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Outcome ? Participants will be oriented to and have sufficient knowledge about the rights of night workers and their problems. 129
  • 143. Example 1.1 Generating Interest in Topic Demonstration (15 Minutes) 1. Inform participants that they are going to be oriented on the Night Work Convention 1990 through understanding the major concepts incorporated in it. 2. Ask participants to share their understanding regarding night workers basic right and problems through role-plays. In this regard, any case from practical examples can also be shared. 3. Invite participants to present their role play within 5 minutes. 4. Choose relevant aspects from their performances and introduce participants to the basic concepts of night workers and treatment, payment, sexual harassment, health issues and social security and family responsibilities. Information to Share Explain the basic concepts as given below; Night Workers Convention The General Conference of the International Labour Organization, having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 77th Session on 26 June 1990, and having decided upon the adoption of certain proposals with regard to night work, which is the fourth item on the agenda of the session, and having determined that these proposals shall take the form of an international Convention, adopts this twenty-sixth day of June of the year one thousand nine hundred and ninety the following Convention, which may be cited as the Night Work Convention, 1990: For the purposes of this Convention: (a) the term night work means all work which is performed during a period of not less than seven consecutive hours, including the interval from midnight to 5 a.m., to be determined by the competent authority after consulting the most representative organizations of employers and workers or by collective agreements; This Convention applies to all employed persons except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation. At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work: (a) Before taking up an assignment as a night worker; (b) At regular intervals during such an assignment; (c) If they experience health problems during such an assignment which are not caused by factors other than the performance of night work. Suitable first-aid facilities shall be made available for workers performing night work, including arrangements whereby such workers, where necessary, can be taken quickly to a place where appropriate treatment can be provided. 130
  • 144. Night workers certified, for reasons of health, as unfit for night work shall be transferred, whenever practicable, to a similar job for which they are fit. A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work: ? A woman worker shall not be dismissed or given notice of dismissal, except for justifiable reasons not connected with pregnancy or childbirth; ? A woman worker shall not lose the benefits regarding status, seniority and access to promotion which may attach to her regular night work position. Compensation for night workers in the form of working time, pay or similar benefits shall recognize the nature of night work. Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work. Before introducing work schedules requiring the services of night workers, the employer shall consult the workers' representatives concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel as well as on the occupational health measures and social services which are required. In establishments employing night workers this consultation shall take place regularly. For the purposes of this Article the workers' representatives means persons who are recognized as such by national law or practice, in accordance with the Workers' Representatives Convention, 1971. The provisions of this Convention may be implemented by laws or regulations, collective agreements, arbitration awards or court decisions, a combination of these means or in any other manner appropriate to national conditions and practice. In so far as they have not been given effect by other means, they shall be implemented by laws or regulations. Where the provisions of this Convention are implemented by laws or regulations, there shall be prior consultation with the most representative organizations of employers and workers. The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration. The Night Work Convention (No. 171) and Recommendation (No. 178), 1990 apply to men and women. Especially for women workers, the Convention requires alternatives to night work before and after childbirth and during pregnancy, if it is deemed necessary to protect the health of the mother or child. The Night Work (Women) Convention (Revised) (No. 89), 1948 obliges ratifying States to prohibit women from working in industrial undertakings at night. The 1990 Protocol to the Convention permits variations in the duration of night work and exemptions from the prohibition of night work. 131
  • 145. The Underground Work (Women) Convention (No. 45), 1935 prohibits the employment of women in mines, which exposes them to specific underground work hazards. What is the definition of 'night time'? Night is generally the period between 11.00 pm and 6.00 am. You can agree with your employer to change the night time period. If you do, then it must be at least seven hours long and include the time between midnight to 5.00 am. Generally, night workers: Should not work more than 8 hours in any 24 hour period, averaged over 17 weeks Cannot opt-out of from this limit unless it is allowed for by a collective workforce agreement, although in some cases you can average night work over a 26 week period Must be offered a free health assessment before they begin night work duties and on a regular basis after that For some workers - those working with hazards or under mental or physical strain - there can be no averaging at all - the 8 hour limit must be strictly adhered to. In general, workers under 18 are not permitted to work nights, although there are quite a number of exceptions to this rule and you can find out more from the Department of Trade and Industry (DTI). It is an employer's duty to comply with the night work regulations. They should keep records to ensure workers do not exceed their night working limit along with records of their employees' health assessments for 2 years or, if they didn't take up that offer, you should record the date the offer was made. A preliminary study published in the December issue of the journal The Lancet Oncology provides a summary of scientific evidence of increased cancer risk in night-shift workers, as well as increased cancer risk in painters and firefighters. The study, conducted by the World Health Organization s International Agency for Research on Cancer (IARC), emphasizes the impact of night-shift work on melatonin secretion, immune function, cancer risk, and disruption of circadian rhythm. Each of us has a circadian rhythm, and, in general, we all march to the same beat. Our circadian rhythms dictate when we wake up and when we go to sleep, and they function, more or less, on a 24-hour cycle. This rhythm is in large part driven by natural light and dark cycles, when the sun comes up and when the sun goes down. Our bodies respond to light and dark cycles via a hormone called melatonin, which is related to tryptophan, the chemical that devourers of turkey consume in excess at the dinner table every Thanksgiving. It s not surprising then that increased secretion of melatonin, which occurs in the dark, tells us to go to sleep, much like tryptophan does as soon as we retreat to the couch with bellies full of turkey. In addition to regulating sleep cycles, melatonin also possesses antioxidant activity, bolsters immune function, and regulates the secretion of other hormones, such as growth hormone and reproductive hormones. (the discussion is based on American working and eating practices ) About 20 percent of the working population in the United States overcomes melatonin s sleep-inducing powers on a regular basis in order to work night shifts. The number of people working night shift jobs is increasing. Traditionally, service workers, such as factory workers, security guards, and bakers, filled night 132
  • 146. shift positions. Today, computer programmers, technical support providers, health care workers, and internet administrators work night shifts, too. In most cases, night shift workers function off beat to their natural rhythms to ensure that the rest of the working world starts the morning on the right beat. But ignoring our natural physiological rhythms comes at a high price. Artificial light can t make up for the qualities of natural light, nor can sleeping during the day make up for the darkness of nighttime sleeping. Several studies performed in the last decade have reported that women who work night shifts have an increased risk of breast cancer and colon cancer, and men who work night shifts have an increased risk of prostate cancer. Melatonin inhibits the growth of cancer cells, but to understand how melatonin does this, it helps to know a little bit about what drives melatonin secretion. Melatonin is secreted from a tiny gland called the pineal gland, located in the center of our brains and believed by Rene Descartes in the 17th century to be the site of union between the mind and body. The pineal gland decides whether or not to secrete melatonin based on information sent from the retina of the eye, which contains a unique subset of cells that produce a pigment called melanopsin. Melanopsin allows the cells to detect light and dark without relying on the typical photosensitive cells of the eye, the rods and cones. Information collected by the cells is sent along the retinohypothalamic tract, a sort of information highway that extends from the retina to the hypothalamus. In the hypothalamus, this information is transmitted to a cluster of cells called the suprachiasmatic nucleus, or SCN. The SCN communicates directly with the pineal gland, basically keeping the lid on melatonin secretion when our retina cells are detecting light. As soon as the SCN begins receiving signals that the cells are detecting darkness, its activity decreases, and thus, the pineal gland increases its secretion of melatonin. In the darkness, while we sleep, melatonin embarks on numerous tasks. One of these tasks is to stop the cellular uptake of linoleic acid, an essential fatty acid that we can only get by ingesting plant oils. In addition to being converted into metabolites that our bodies need, linoleic acid also stimulates cell growth. Linoleic acid wouldn t be a problem if the diet of the average U.S. citizen didn t include consumption of more than 10 times the necessary amount. Increased exposure to light results in decreased secretion of melatonin, which results in cells absorbing as much linoleic acid as their little nuclei desire. The way cells see it, the more molecules they can acquire to help them grow, the better. Undoing this instinctive cellular behavior continues to defy modern science. A control group for studies describing relationships between melatonin and cancer are people who are blind or who have reduced vision. Women who are completely blind have near-constant levels of melatonin. Many of these women have a reduced risk of breast cancer compared to women with normal vision. One explanation for this is the regulatory effect of melatonin on estrogen secretion from the ovaries. Although conferred a greater degree of protection against cancer, people who are blind have severely altered circadian rhythms. Next year, the IARC will publish a full report of their findings in IARC Monographs. These monographs are used by national and international organizations when assessing cancer risks associated with chemicals, biological agents, occupations, and lifestyles. This information is often incorporated into preventative practices, which may mean that the circadian rhythms of night-shift workers will become synchronized with the rhythms of daytime workers. Posted in Health, Medicine 133
  • 147. Session 10: Equal Wages - Equal Remuneration for men and women workers for work of equal value ILO Convention No. 100 134
  • 148. Session 10: ILO Convention No. 100 Tile of Session: ILO Convention No. 100 Concerning Equal Remuneration for Men and Women Workers for equal value of work Introduction: This session introduces ILO Convention (No. 100) concerning Equal Remuneration for Men and Women Workers for Work of Equal Value . It was convened in Geneva by the governing body of International Labour Office on June 6, 1951. Objectives: ? To orient participants on the basic concepts of the equal remuneration for work of equal value, issues, treatment, and payments Act. ? To create understanding among the participants about four major articles of ILO Convention 100. ? To share how the laws and policies in Pakistan with respect to equal remuneration for work of equal value are exercised. Target Audience: This session is specifically designed for workers, employers (public & private) and government officers Duration: 120 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides, colored cards & colored markers Methodology: Brainstorming, exercises, group work and interactive lecturing and discussion. Preparation before Training: ? Prepare Photocopies of the handouts ? Prepare Micro Soft Power Point Slides Expected Results: Participants will be oriented to and have sufficient knowledge of ILO Convention No. 100 and its Articles regarding equal remuneration for men and women workers for work of equal value. Participants will be informed about laws and policies in Pakistan with respect to equal remuneration for work of equal value. 135
  • 149. Process: Generating Interest in Topic STEP-I: Preliminary Orientation (60 Minutes) ? Ask participants to share their understanding regarding equal remuneration for men and women workers for work of equal value through an interactive discussion. Note the points of discussion on the flip chart. ? Divide participants into 4-5 groups; ask them to write their opinion regarding inequality in remuneration for men and women workers for work of equal value. ? Invite participants to present their group work ? Identify how gender wage gaps exist in Pakistan and in what form. ? Choose subject-relevant points and introduce basic concepts of equal remuneration/wage for work of equal value, its principals, relevant issues, equal treatment, equal wage/payment etc. ? Provide an orientation to ILO Convention 100, giving an understanding about its background and major concepts ? For further information, see Pakistan Employment Trends Report 2009 available at http://www.lmis.gov.pk/publications/PETFW.pdf Information to Share Explain the basic concepts as given below; 136
  • 150. HANDOUT # 29 Assessing Gender Pay Gap in Pakistan Background Women experience discrimination in almost every aspect of the labor exchange - this ranges from whether they have paid work at all; the types of work they obtain or are excluded from; the availability of supports such as child care; their pay, benefits and conditions of work; their access to higher paying male work; the insecurity of their jobs or enterprises; their lack of any or equitable pension entitlements; and not having the time, resources or information to enforce their rights. Women who are disadvantaged by multiple factors such as race, ethnicity, indigenous or disability status experience more acute forms of pay discrimination. The right to pay equity addresses one aspect of this discrimination: the fact women are paid less than men for their work because they are women . Significant gender disparities in pay are amongst the most resilient features of labour markets everywhere in the world. Even though the gender pay gap has narrowed in some places, women, on average, continue to work for lower pay than men. This trend continues despite striking advances in women s educational attainments and work experience. Gender Pay Gap in Other Countries The study Global Employment Trends for Women published by the ILO in 2009 provides current information about the global gender pay gap. According to the ILO, progress in reducing the gender pay gap is very slow in Europe and Central Asia. In certain countries there has even been evidence of an increase in the difference between the wages of women and men. In the United States the pay gap is also very persistent and has only declined slightly over the last years. Across African countries the informal and unpaid work of women is especially wide spread, but there is little official data available concerning the pay gap. The ILO identifies the gender pay gap as a globally persistent phenomenon: Throughout most regions and many occupations, women are paid less money than men for the same job. In a majority of countries, women's wages represent between 70 and 90 per cent of men's wages, with even lower ratios in some Asian and Latin American countries. Reasons for the Gender Pay Gap The gender pay gap has many causes and sex discrimination in remuneration is one of them. The Equal Remuneration Convention, 1951, (No.100), one of the eight core international labor standards, seeks to address discrimination in remuneration by ensuring that women and men receive equal remuneration not just for the same or similar work, but also for work of equal value. This principle is fundamental to the achievement of gender equality, as a large proportion of women do different jobs than men. Assessing the value, and corresponding requirements, of different jobs on the basis of common and objective criteria also contributes to more transparent and efficient systems for pay determination, while improving recruitment and selection procedures . An important reason for the gender pay gap is the gender bias of duties and requirements resulting from parenthood. Women are more likely to work part time or take a career break when there are children to take care of. Those women who join the labor force working full time after a break or working only part time are confronted with lower wages than their male colleagues who did not interrupt their careers. Women who do not have children are considered potential mothers and thus may be denied promotion opportunities. As a 137
  • 151. consequence the gender pay gap tends to be higher in countries where the female labor force participation rate is high but childcare is not publicly provided everywhere . To date, ILO Convention No. 100 has been ratified by 167 countries. However, despite this broad consensus regarding the principle enshrined in the Convention, the pay gap between women and men remains a persistent and universal fact of the labor market. Recent statistical surveys have revealed that this gap exists in countries with very diverse economic structures and that, although the gap is decreasing in most of these countries, this progress is being achieved very slowly. Implications of Gender Wage Differentials One of the aspects of gender inequalities in the labor market is that it reinforces established gender norms, especially at the household level. On the one hand, women lack influence over the distribution of both resources and labor within the household, when being denied the right to earn an income of their own. Furthermore the differences between men s and women s wages within a household inevitably lead to the fact that women take more parental leave than men (Goldberg Dey/Hill 2007). On the other hand, women s increased participation in the labor market is not always accompanied by an increase in men s share of unpaid domestic labor, and it therefore does not necessarily improve (noneconomic) family well-being. Poorer working women in particular, who cannot afford domestic help, have to cope with the double burden of household tasks and employment due to the lack of men s participation. Some women therefore increase their working hours, others instruct their children (usually daughters, at the expense of their education) to take over care work such as looking after younger children (Kabeer 2008). At this point traditional gender roles are reinforced by the feminisation of unpaid care work (such as child care, elderly care, etc.) and unequal educational opportunities for boys and girls, once again setting a negative gender dynamic in motion. Securing pay equity leads to the empowerment of women and to a reduction in women s exposure to violence and exploitation (Cornish 2008). Low pay is not only an important cause of women s poverty, but also has effects on children. For ending child poverty, better wages for mothers is the key element of any anti-poverty strategy. Gender Pay Gap in Pakistan One of the main issues in Pakistan s economic development history is the persistence of gender inequality with respect to almost all socioeconomic indicators. For instance, according to the World Economic Forum s Global Gender Gap report for 2010, Pakistan ranks 106th of 134 countries on the gender wage gap, with an estimate that women earn 57% of what men earn. Pakistan ranks 66th out of 75 countries, with respect to Gender Empowerment Measure (Human Development Report, 2006) with a GEM value of 0.377: this is largely a manifestation of a very low estimated female to male earned income ratio, which is a depressing 0.29. GEM and other labor force statistics confirm the gender gap in labor force participation. One of the possible explanations of this gender gap is gender discrimination in the labor market, particularly in wages. The recent economic performance has had a significant impact on the labor market in Pakistan. The statistics reveal that this high growth was successful in attracting more females than males into labor market through providing more job opportunities to them and reducing their unemployment rate. However, this increase in the female labor supply translated into a widened gender pay gap. Evidence with respect to gender discrimination in Pakistan s labor market is well- documented. For example, Siddique et al (2006) and Sabir and Zehra (2006) all confirm that men earn higher wages than women in formal sector employment; however, their studies did not cover the dynamics of other important employment sector such as the self employed informal sectors. Nor did these studies examine the reasons and possible implications of the gender pay gap in Pakistan. 138
  • 152. HANDOUT # 30 Equal Remuneration for Men & Women Workers for Work of Equal Value Significant difficulties have been observed regarding the application of the principle of equal pay for men and women for work of equal value, both in law and practice. This gap in pay is in fact a symptom of structural sex discrimination. Equal Remuneration The principle is that pay/wages should be based on the kind and quality of work done and not according to the age, race, sex, religion, political association, ethnic origin, or any other individual or group characteristic unrelated to ability, performance, and qualification. TRENDS Why is equal pay not so equal? Significant steps have been undertaken to remove wage gaps between men and women but still there are gaps between the work of men and women for work of the same value. Many reasons contribute to the inequality of earnings between men and women. If a man and a woman are doing substantially the same work, they can be paid different rates of pay due to: Women s Part time Work: More women prefer to work part time and therefore earn only a proportion of full-time earnings. Women s Household responsibilities: Generally women have the responsibility for caring for the family and doing household work. Their commitment to raising young children and doing unpaid household work decreases their involvement in waged labour. Women s Narrow Range of occupation: The majority of women work in a narrow range of occupations traditionally reserved for women e.g. child care, teaching and nursing. These occupations traditionally pay less than male dominated occupations. Women are less likely to get bonuses & benefits Women are also less likely to work overtime because they work in industries where overtime is not an option, and most women have more responsibilities to return to at home. Seniority System: Under an established seniority system, the time an employee has worked for an employer is credited. This can be used to justify paying senior employees a higher wage than a less experienced employee. As noted above, broadly speaking, women are less able than men to accumulate long term experience. Merit System: An employee can be paid more money or a bonus based on a system that measures the work performance of the employees objectively. Quantity or Quality-based Earnings System: An employer may have a system that measures higher quality or quantity of work. If this is the case, an employee can be paid a higher rate for producing more work or better quality work if the system is applied equally to both sexes Difference not based on the employee s sex. For example, an employee can receive more money for working at night. Equal remuneration for equal work by men and women workers for work of equal value must be paid by the same employer if they are: 139
  • 153. Doing substantially the same kind of work Having the same required skills, degree of effort and level of responsibility Performing their duties under similar working conditions in the same establishment. Is this the law in Pakistan or according to ILO C100? The principle of equal pay applies to the same work or for work of equal value: this is attributed to the elimination of all discrimination on the grounds of sex with regard to all aspects and conditions of remuneration. Where a job classification system is used for determining pay, it must be based on the same criteria for both men and women. To ensure that women earn the same amount as men while working the same job, steps have been taken to provide women with equal pay to that of men for work of equal value: Following the Equal remuneration convention 1951, convened in Geneva by the Governing Body of the International Labour Office in its 34th session on June 6, 1951, in 1983 the ILO Convention 100 was ratifies in New Zealand with specific attention to equal pay for men and women workers for work of equal value as required by member countries. Some other actions were undertaken to support ILO Convention 100: In 1960 equal pay for work of equal value was awarded, although specifically female work was not included. In 1969 the Australia Council of Trade Unions (ACTU) mounted a test case to get rid of the 25 per cent difference between pay rates. The Court ruled that women should begin to get 85 per cent of the male wage. In 1972 it was decided that women would be awarded with entirely equal pay - i.e. 100 per cent of the male wage. The decision of the Arbitration Commission said that women who were performing the same work as men should get the same award rate of pay. In 1995 during the United Nations World Conference on Women at Beijing adopted a Platfor m for Action that included equal pay for work of equal value and occupational segregation. Later its progress was reviewed by a Special Session of the General Assembly in 2000 In 1979 the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by the UN General Assembly. It has been described as an international Bill of Rights for women (Division for the Advancement of Women 2003) that later was developed in the United Nations' Human Rights Division and adopted by the General Assembly. Countries/governments that have ratified the above Conventions are legally bound to put their provisions into practice and are required to report regularly in this regard. ILO Convention No 100 ensures equal remuneration to men and women workers for work of equal value and rates of remuneration established without any sex discrimination. Remuneration includes the ordinary, basic/minimum wage/salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash and kind by the employer to the workers, ensuring the application of the principle of equal remuneration for men and women workers for work of equal value to all workers without any discrimination. Such action/measures will assist in giving effect to the provisions of this Convention and to promote objective appraisal of jobs on the basis of the work to be performed. This Convention provides guidelines to the member countries who implement this Convention in their respective countries to co-operate with employers and worker s organizations [which] will be effected to the provisions of the Convention. 140
  • 154. STEP-II : Preliminary Orientation (30 Minutes) Share with participants information about payment of wages Acts, laws and policies since the creation of Pakistan 1. Orient participants on the steps undertaken by the Government of Pakistan regarding equal remuneration for men and women workers for work of equal value 2. Explain the existing status regarding equal remuneration for men and women workers for work of equal value 3. Highlight the main features of Acts, policies and necessary steps undertaken by the Government of Pakistan regarding equal remuneration for men and women workers for the work of equal value. 141
  • 155. Information to Share HANDOUT # 31 Laws and Policies in Pakistan regarding Equal Remuneration for men and women workers for the work of equal value It is recognized in the Constitution, in laws and regulations and by virtue of a ratified international instrument. Pakistani law prohibits discrimination in remuneration on the basis of gender. Before the creation of Pakistan there were payment of wage acts such as Payment of Wages Act, 1936, Payment of Wages (Procedure) Rules, 1937 & Payment of Wages (Federal Railways) Rules, 1938. This remained in practice even after the creation of Pakistan. Since the creation of Pakistan, five Labour Policies have been announced by the Governments in the years 1955, 1959, 1960, 1962, 1969, 1972 and 2002. All these Acts and Policies basically laid down the parameters for the West Pakistan Payment of Wages Rules, Payment of Wages Acts, Growth of Trade Unionism, Protection of Workers Rights, Settlement of Industrial Disputes and Redressed Worker s Grievances. In Pakistan, the laws relating to the payment of wages (i.e. the Minimum Wage Ordinance, the Cost of Living Relief Act and the Payment of Wages Act) apply without prejudice to all industrial workers. In fact, women benefit from extra protection with regard to old age benefits, as they are entitled to benefits five years earlier than their male counterparts. Objectives Resolution 1949 same as on Page 31 The base for the equality of all citizens was provided in the Objectives Resolution which was passed by the Constituent Assembly of Pakistan in March, 1949. This Constituent Assembly framed a Constitution for the sovereign independent State of Pakistan that the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed. It will provide guarantee for the fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. Note: This resolution later became a substantive part of the Constitution of Pakistan. West Pakistan Minimum Wage Rules, 1962 During 1961 a Minimum Wages Ordinance 1961 was approved whereas the Minimum Wages Rules, 1962, (Fair Wage Clause 3) is applied in practice and on any measures taken or envisaged to adopt equal and fair remuneration which was later amended under the Minimum Wages (West Pakistan Amendment) Ordinance, 1970. The CEACR (Committee of Experts on the Application of Conventions and Recommendations) of the ILO has 142
  • 156. continuously asked the Government of Pakistan for information on how the West Pakistan Minimum Wage Rules, 1962, is applied in practice and on any measures taken or envisaged to adopt equal remuneration provisions in accordance with the ILO Convention 100 at the Federal level with a view to ensuring that the principle of equal remuneration for work of equal value is applied to all workers and in respect to all aspects of remuneration as defined in the Convention. West Pakistan Minimum Wages for Unskilled Workers Ordinance 1969 An Ordinance to fix the minimum rates of wages for unskilled workers employed in certain commercial and industrial establishments in West Pakistan This was envisaged in June 1969. It delegates responsibilities for payment of minimum wages such that every employer shall be responsible for the payment of wages required and entitled under this Ordinance within thirty days of the promulgation of this Ordinance. The Labour Policy of 1972 Promulgated by Shaheed Zulfiqar Ali Bhutto, the most progressive one, this Policy reformed the labour laws and set out new benchmarks including new administrative infrastructure to manage the workers welfare, such as the W orkers Welfare Fund Ordinance , the Employees Old-Age Benefit Act as well as amending the Industrial Relations Ordinance with enhanced protection of workers rights such as imposing conditions on the authority of employers to terminate workers jobs. Constitution of Pakistan 1973 also repeated from earlier section Constitution of Pakistan 1973 contains a range of provisions with regard to Labour Rights found in Part II: Fundamental Rights and Principles of Policy. Articles 18, 25, 25, 27 and 32 of the Constitution of Pakistan 1973 protect citizens rights, equality before the law and entitlement to equal protection of the law; obtaining employment opportunities and appointment of services, entering into any trade, business or profession, without any discrimination on the basis of sex, race, religion, caste, residence or place of birth. Article 34 states that steps shall be taken to ensure full participation of women in all spheres of national life . Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone. Although these laws related to equality of opportunity were further improved in the Constitution of 1973 and improved citizens rights without any discrimination on the basis of race, religion, caste, sex, residence or place of birth, they did not contain any provisions for equal payment to men and women for work of equal value. Similarly, the Payment of Wages Act, 1936 regulates the payment of wages to certain classes of industrial workers but did not address equal remuneration for men and women for work of equal value. Article 11-d of the Constitution of Pakistan identifies The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work . 143
  • 157. Labour Welfare Package 2000 The Labour Welfare Package for Workers was announced by the Federal Government on April 30, 2000 in which it was made obligatory for employers to implement gender equality and affirmative action. This package enforces Equal remuneration for men and women for work of equal value through appropriate legislation and the recr uitment of female labour inspectors for enforcement of labour laws on female workers . Labour Policy 2002 The Federal Government introduced new Labour Policy in 2002, with the key points regarding equal employment opportunities and good employee-employer relationships which could be helpful for the provision of equal remuneration for men and women for the work of equal value. Support for Equal Pay by the Ministry of Women Development The Ministry of Women Development has taken the following steps to advance the work for women as well as equal pay for work of equal value: Increasing women s capacity to earn by increasing women s access to sources of livelihood, in particular, agriculture and livestock production and promoting equal employment opportunities that accommodate women-oriented work policies for paid work. Improving facilities for the education, training and skills development for women, to enter and reenter the labour force, including special arrangements, as specified in the draft Labour Policy for the female relatives of workers. Ensuring appropriate legislation, including the following measures: 1. Giving effect to ILO Convention 100 ratified by Pakistan in 2001 by enacting a law to ensure equal remuneration for men and women for work of equal value. 2. Undertaking measures to make work places conducive for women workers so they can work without fear of discrimination and harassment. 3. Enacting a law and guidelines to provide protection against sexual harassment at the workplace and relief/remedy in cases where it occurs. Providing special courses for women in entrepreneurial skills to assist and engage them to establish their own small-scale enterprises. Pakistan Labour Policy 2010 Social and economic well-being of the people is one of the principal objectives of the present Government while presenting the recent labour policy 2010. The Government recognizes that workers and employers must enjoy reasonable benefits without suffering any set-backs. One of the objectives of Labour policy 2010 is an equitable adjustment of rights between workers and employers. These should be ensured in an atmosphere of harmony, mutually beneficial to the workers and the management. International Labour Organization s project W omen Employment Concerns and Working Condition in Pakistan (WEC-PK) funded by CIDA has been implemented in collaboration with the Ministry of Labour and Manpower to enhance the quality and number of women employed in Pakistan with the ultimate goal of economic empowerment for women in rural and urban areas. 144
  • 158. Although these laws and steps were undertaken to prohibit discrimination on the basis of sex; in practice this provision is not enforced. Women face significant discrimination in employment and are paid less than men for similar work. Pakistan ratified ILO Convention 100 (Equal Remuneration Convention, 1951 in 2001. Women workers will benefit from its application. Minimum and above-minimum wages will be ensured on the basis of equal pay for equal work, and equal pay for work of equal value, as between men and women, in accordance with Pakistan s obligations under ILO Conventions 100 and 111, concerned with equality and non-discrimination respectively. Article 3 of the Constitution of Pakistan obligates the State to eliminate all forms of exploitation from society and to ensure the realization of the principle, from each according to his/her ability, to each according to his/her work . Under Section 17 of the Civil Servants Act, 1973, which governs the pay of civil servants, no discrimination or bias on the basis of sex, is allowed. Both male and female civil servants are entitled to equal remuneration for work of equal value. The Provincial governments implement the principle of non-discrimination in issues relating to remuneration. They promote equal remuneration for men and women for work of equal value. The legal provisions for the implementation of the principle of non-discrimination with regard to remuneration have already been mentioned, i.e. the Constitution of Pakistan, the Minimum Wage Ordinance, the Cost of Living Relief Act, the Payment of Wages Act and the Civil Servants Act, 1973. The aforementioned Constitutional provisions have been enforced in the formal sector as well as in the private and public sectors. In other words, women and men in Pakistan receive equal pay in both the private and public sectors. 145
  • 159. HANDOUT # 32 Existing Situation in Pakistan regarding Equal Remuneration for men and women workers for work of equal value Gender Wage-Gaps in Pakistan: Although Pakistan ratified and committed to meeting its obligations under ILO Convention 100 (Equal Remuneration Convention, 1951) in 2001 to benefit women workers through its application, it is observed that the principles of the Convention are not properly being practiced. There is still a wage gap between men and women from the same employer for work of equal value. Different studies provide practical support for the argument that gender discrimination exists in the Pakistani labour market; these studies have identified and analyzed the gender wage gap by comparing male/female wages in Pakistan. The recent economic performance has had a significant impact on the labour market in Pakistan. The statistics reveal that this high growth period successful in attracting more female than males into labour market through providing more opportunities to them and reducing their unemployment rate. However, this increase in female labour supply translated in widening gender pay gap. Although 73% of women are involved in the rural economy their contribution is not officially reported. There are 235 women workers of total work force in which agriculture women worker is not included. Nearly three million women are working as domestic servants earning from 500 to 2,000 rupees per month. These workers have no fixed hours and no time off in a week. Other women workers are working 12-16 hours a day without any break in the private sector and earn 40% less than men workers. Sources of this information? Why Is There a Gender Wage-Gap in Pakistan? Women s social obligations Most women have the sole responsibility of caring for children and other family members. They clean, cook, launder and do many tasks which require many hours of labour in a day. For the most part this is not considered to be labour and is not remunerated. The cultural, social, moral and ethical roots of the society have determined that women will do this labour without pay, and it is therefore taken for granted. These assumptions and their outcomes (i.e. women have no income of their own) can develop psychological alienation among women, further weakening their position and losing the confidence required to enter or reenter the workforce. Gap in Women s Employment Women often prefer part time work or employment of limited hours so that they can meet their domestic responsibilities. Mostly women do a job for a limited period, either as per need or to support the male earner during a family economic crisis. This pattern creates gap in their employment and career development and can be one cause of unequal wages. Concentration of women in few occupations Women are secluded by purdah (visible or invisible) even unsecluded women are not always free to choose their own occupation. This is because working with men is not considered acceptable by society in general 146
  • 160. and specifically not encouraged in Islam. Women in Pakistan usually prefer occupations which guarantee segregation and are considered respectable such as agricultural work with the family or within the household compound, home-based work, domestic service, jobs in women s schools, colleges and dispensaries, women s banks, women-specific department in an institution (i.e. a computer department). However. women workers concentration in a few occupations and industrial groups depresses their wages. Women s Inferior Status Pakistani women are always trapped in a web of dependency and subordination due to their social, economic and political status being lower than that of men. Women face disparities in term of food distribution at home, and unequal opportunities for education, health and other social services due to patriarchal control over their sexuality and cultural restrictions on their mobility. Women s role in decision-making is less than that of men, due to the male-dominated governance structure: one result is that very few women have a role in the formulation of macroeconomic and social policies. Physically Weaker than Men: Women are considered physically weaker than men, perpetuating the myth that men are physically strong and women are emotionally sensitive. It is thought that women cannot carry heavy loads or operate heavy machinery but can only do light work such as cutting, stitching, teaching, caring, embroidery and carpet weaving. Traditions and Customs: Pakistan traditions and customs also restrict women s mobility, their access to education, especially vocational education, and their access to health facilities. Violence against Women: This is a most powerful mechanism used by the family, society and the state to silence women s resistance to the existing gender related social order. It compels women to accept gender hierarchies in all social relations of production and reproduction and perpetuates their subordination. Violence against women is a fundamental violation of women s human rights to life, physical safety, selfrespect and dignity. It is a manifestation of historically unequal power relations between men and women, establishing male authority and power over women and providing the basis of gender based violence in society, both inside the home and in the work place. Women from the Upper Classes Women of upper class dominate in getting jobs at the top management level. Their struggle is not for the women of oppressed class because they have no experience of the suffering of the women of the vulnerable class. Hence the struggle for women s rights and their liberation is different for women of different classes. Smaller number of technically skilled women There is segregation between male and female worker due to their skills. Most women have fewer technical skills than men and most are employed in low skilled work. Usually women work as operators whereas men work as supervisors. For manual work requiring close attention to detail, such as embroidery and thread cutting employers and contractors prefer women. Men are employed to do highly skilled work operating machines. Although the number of women acquiring vocational education has increased they are not encouraged to do technical work. A number of female medical and engineers graduates every year but most of them leave their profession because of family restrictions and societal norms. Their lower levels of technical skills mean that women cannot increase their participation in the modern highly productive sectors of the economy. 147
  • 161. Women s Working Hours Women prefer to live at home and feel that home is their original domain. Women do not work by their own choice but do it out for necessity so always feel guilty for not sparing enough time for family and maternal responsibilities. Usually women prefer to work fewer hours so that can pay enough attention to their family. Unfavourable Working Environments for Women: Usually women face problems such as harassments in the work place i.e. from staring to stalking to sexual advances, unfriendly and oppressive behaviour by employers, exploitative working conditions and the lack of proper facilities during relaxation. Using Wages as Tool for Harassment at Workplace: Sometime employers use wages as a tool for harassment by offering a good salary but expecting women to work late hours and even during holidays, as well as demanding sexual relations. Women Mobility Problems: Poor transport systems contribute to working women s mobility problems. Public transport is costly, scarcely available and unpleasant and, where it exists, has less space for women than for men. In a Muslim orthodox society women have to maintain the family honor so public transportation also limits women s mobility. Hours of Work and Shift Work: Usually women avoid working long hours, off time work and night shifts due to social and familial norms and values. Most families do not like to have women working late at night away from home. Health and Safety Hazards: Many working women suffer problems related to physical health and safety hazards. This is especially so in the textile, tannery, and surgical instruments industries. Rural women suffer from the presence of chemicals while picking cotton. Levels of iron deficiency anaemia are very high in women. Women also have limited access to public hygiene, health and medical facilities. About 135,000 women die every year during childbirth in Pakistan because only 21% of women have access to medical facilities and skilled attendants during child birth. Male-dominated Social & Political System: Pakistani women face challenges from the male-dominated social and political systems. It is not easy for women to raise their voices against feudalism, tribalism and fundamentalism. The rise of fundamentalism is a direct threat to women rights especially women worker s rights. Women s minimal membership in trade unions: Although the number of women workers in Pakistan s workforce is on the rise, this fact is not reflected in the labour movement because there are few women members in trade unions. The male dominated trade unions have little interest in involving women as members. All of these issues may create hindrances for women to get equal pay for work of equal value. Generally, there have been no complaints of discrimination on the basis of sex, with regard to remuneration. However, no scientific and authentic data are available in this regard. Work is under way to draw up legislation concerning the introduction of a job evaluation scheme in the workplace and the employment of male or female workers. These are the means being deployed by the Government to promote the elimination of discrimination in respect of employment and occupation. The Government of Pakistan is firmly committed to eliminating any form of unequal treatment with respect to remuneration. 148
  • 162. HANDOUT # 33 Measures to ensure equal remuneration for men and women workers for work of equal value Considerable steps need to undertake to ensure the women equality at workplace. These include: Open training for all without gender discrimination to increase access to skilled work. Encourage women workers to join unions. Encourage men to share family responsibilities. Make sure part-time workers get full pro-rata employment benefits. Ensure equal opportunities at work through a fair selection process. Make work more family/gender friendly so men and women with children can stay at work. Socio-economic duty on public bodies with public interest Dual discrimination Availability of gender pay-gap information/data Provisions relating to back up aids in schools Diversity reporting by political parties Positive action in recruitment and promotion of women Easy and safe accessibility to transportation Prohibition on age and sex discrimination in services and public functions Shared Family property how relevant? Civil partnerships on religious premises Promotion of gender equality advocacy. 149
  • 163. Women harassment & equal wages for equal value of work A Courageous Woman A woman has to face lot of problems when she decides to go out of house to earn. Salma Bano, a divorced woman of 55 and a resident of Lahore since her birth, had faced problems when she was compelled to go out of her home for work to earn for her 3 children - two boys and a girl - after being divorced by her husband. He divorced her because he wanted to marry one of his colleagues in his office. Her parents were not alive and there was no enough space for her and her children in her brother's house. As she was Matriculate (Class 10) she got a job in a private school where she was earning 150 Rs per month in 1975. She was also giving tuition to children for extra income of Rs 100 per month. She was then a young woman of 25. The 55 year old school owner and principal had young children and asked her to marry him. When she refused his proposal she lost both her job and the tuition income because he was a resourceful person who spoke against her. Then she got a job in a garment factory in Lahore where she was hired as a supervisor of women in the packing section. The salary offered her was very small compare to that of the male supervisor who had only Class 7: she earned 300 Rs per month while he earned Rs 450. The sufferings of her life never ended: she was harassed by her male colleagues and even by her supervisor. She complained to the higher management but the problems remained and she finally she left the job. She did not lose her confidence and started to sew clothes for people in her home. In the meanwhile she also got some new tuitions. She was earning 300 rupees per month which was enough for her family. Her children had also started to go to Government schools. In the meantime she took PTC [teacher's] training and got a job as a teacher in a Government primary school in a nearby village in District Sahiwal. She moved to that village. The village people were very cooperative. She remained in that village for 35 years till her retirement and constructed a house there. Her children got higher education thanks to her hard work and thrift. One of her sons is doctor and lives in the US with his wife and two children. The second son is a Lecturer in a famous college in Lahore. He is married and has three children. Her daughter is happily married after doing her post graduation: she is also serving as a high school senior teacher in Sialkot. Salma Bano is now living with her son in Lahore and spending her time in offering prayers and playing with her grand children. She said that no need to be afraid of hardships of life: continue your struggle and finally you will get the rewards. 150
  • 164. STEP-II Exercise Overcome the Gender Based Wage Gap-Calculate Your Gender Pay Gap The aim of calculating your gender pay gap is to be able to compare the pay received by all men and women in your organization. To produce one figure for the whole organization, the methodology set out below includes all full-time and part-time workers and employees at all levels in the organization. Duration 30 minutes Explain the formula with an illustration If the average pay of a man in your workforce is $12 per hour and the average pay of women is $10 per hour the gap is: Pay Gap = [(Average Male - Average Female)/Average Male]*100= [$12-10$)/$12*100= 16.7% Divide participants in small group of 3 to 4 each to solve the example through the following steps. Encourage and appreciate participants for their correct answer: Step 1: The first stage in the calculation of the pay gap is to separately determine the average gross hourly pay (excluding overtime) of men and of women in your organization. It is preferable to calculate your pay gap based on hourly earnings. You should do this using your payroll information. For the purposes of this exercise you should use the simple average or mean: All permanent employees should be included, including part-time workers. There should be no weighting of employees related to the number of hours they work. Step 2: Now that you have two figures for the average pay, one for women in your work force and one for men in your workforce, the calculation of the gap is simple. If the average pay of women is lower than that for men, subtract the average pay of women from the average pay of men. Then divide by the average pay of men. This will give you your percentage figure for the size of the pay gap. If the average pay of women is higher than that of men, you should reverse the denominator and divide the difference in pay by average women s pay. Example: If the average pay of men in your workforce is $12 per hour and the average pay of women is $10 per hour the gap is: Pay Gap= [(Average Male-Average Female)/Average Male]*100= [12$10$)/12$*100= 16.7% 151
  • 165. Session 11: Freedom of Association and Protection of the Right to Organize ILO Convention No. 87 152
  • 166. Session 11: Freedom of Association and Protection of the Right to Organize ILO Convention No. 87 Introduction: This session provides some information on the right to freedom of association, including: the right to join, form, and withdraw membership from groups, associations and partnerships of different kinds. It provides knowledge on the requirements for non-interference by the state in the formation and the affairs of associations that function within the scope of the law and the assistance of the state in creating and maintaining an environment that is conducive to the exercise of the right to free association. Objectives: To orient workshop participants about ILO Convention No. 87 on the following rights: ? The right to organize themselves freely ? The right to constitute their own rules and regulations ? The right to ensure the non- interference of public authorities ? The right to gain knowledge on the laws and policies in Pakistan with respect to freedom of association and the protection of the right to organize themselves. Target Audience: This session is specifically designed for workers, employers and government officers. Duration: 90 minutes Materials: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides Methodology: Brainstorming, demonstration, role play and interactive discussions Preparation before Training: Prepare Photocopies of the handouts and prepare Power Point slides Expected Results: Participants will have basic essential information and knowledge about ILO Convention No. 87 Concerning Freedom of Association and Protection of the Right to Organize. Process: Generating Interest in Topic 153
  • 167. STEP-I Demonstration (90 Minutes) Introduce participants to the session to allow enable them to clarify the concepts and their understanding about ILO Convention No. 87 - Freedom of Association and Protection of the Right to Organize, and to sharpen their insights about them. Divide participants into four groups, where each group will work on a scenario, chosen to develop participants' 'knowledge' from the perspectives of the Freedom of Association and Right to Organize Convention. Explain that each scenario has a task or question/s associated with it, which the members of the group should discuss and respond to. Emphasize that they will have to effectively manage their time. 10 minutes should be allocated for the discussion on each scenario. Clarify that the Groups will NOT present their responses to the plenary. Rather, you will facilitate an overall discussion. Overall time for the Group Work is 40 minutes. Scenario: ? Construction workers, both men and women, carrying bags of cement ? Men and women receiving different wages ? A female worker going to the boss to complain ? The angry boss sends her away. Each group has to arrange the cards in such a way that a logical scenario will result. Ask each group to appoint one person for writing the groups' responses on a flipchart, a time keeper for effective time management and one person for presentation on behalf to the group in plenary. Discuss each scenario using the following questions: ? What were the problems? ? What kind of action has been undertaken? ? What were the results of these actions? ? What are the advantages of being organized? ? Can they think of similar problems they have faced in their work? ? Did they undertake action? ? If yes, what was the outcome? If no, why not? Now ask the participants whether they are members of any organization ? If no, then why are they not? ? If yes, what kind of or which organization is it? ? Why are they members of a particular organization? ? Can they give examples of actions they have undertaken under the auspices of the organization? ? If yes, what was the outcome? ? Do they know (other) organizations that could be useful for them? 154
  • 168. Discuss with the group what the role of a union/association could be in their situation, using the following questions: ? If they have a union, are there any women on the management committee? ? Do they think women can/should become members of a union/association? ? Do they think it would be useful if women would become members? ? What would they like a union/association to do for the specific situation? ? How do they think they can reach this specific goal? ? Ask participants to identify the advantages of being a member of an organization/ association. Note their responses on the flip chart and match them with the handoutson Advantages of Freedom of Association and theto Organize. Ask what Freedom of Association means. For developing a common understanding on a definition,show the slide of the definition and refer to the handout. Distribute Handout 02 to the participants and explain all of the Articles of the Convention on Freedom of Association and the Right to Organize, inviting one of the participants to readout the Articles one by one. Also tell the participants that these Articles are summarized from the ILO Article for better understanding. Divide participants into 4 groups and assign the following topics: ? Why are freedom of association and Protection of the Right to Organize important? ? How can an organization encourage freedom of association and recognition of the Protection of the Right to Organize? ? What are the rights and responsibilities of trade unions and associations? ? What are the State's obligations and the responsibility of the government? ? The trainer should facilitate the process and encourage each group to make its presentation ? Ask the group to consider whether, although Pakistan is a party to the ILO Conventions, any legislation on equal treatment or equal pay within the workforce exists. Note the responses on a flipchart or white board and elucidate Article 17 of the Constitution of Pakistan. The trainer should highlight the fact that women's freedom and capacity to exercise the right to association is frequently undermined by a lack of access to and control of economic and political resources and by cultural norms and social values that put them in disadvantaged position within their communities relative to most men. In cases where the right is violated by the community, family or individual for example the husband's refusal to let the wife join a community association -- governments have a duty to provide the enabling environment and to eliminate any social or cultural norms that prevent women from exercising their right. For further information, please see Freedom of Association under Threat in Asia: November 2008 http://www.freedomhouse.org/uploads/2008_11_14_FOA_Report.pdf ? Conclude the session by through sharing the information on the current situation in Pakistan regarding rights of Association and Protection. 155
  • 169. Information to Share HANDOUT # 34 Scenario: 1. Construction workers, both men and women, carrying bags of cement 2. Men and women receiving different wages 3. A female worker going to the boss to complain 4. The angry boss sends her away Instructions 1. Discuss the given scenario using the following questions: a. What were the problems? b. What kind of action has been undertaken? c. What were the results of these actions? d. What are the advantages of being organized? e. Can they think of similar problems they have faced in their work? f. Did they undertake action? g. If yes, what was the outcome? h. If no, why not? 156
  • 170. HANDOUT # 35 Advantages deriving from Freedom of Association and the Right to Organize ? A voice or one voice ? Reduced bias ? Visibility ? Gain strength ? Greater output ? Improved communication and networking ? Connectivity ? Better solutions ? Encouragement ? Mobility ? Exchange of ideas ? Gathering information ? Raising awareness ? Fund raising ? Protection and fight against harassment And many more .. 157
  • 171. HANDOUT # 36 What does freedom of association mean? Freedom of association implies respect for the rights of all employers and all workers to freely and voluntarily establish and join groups for the promotion and defense of their occupational interests. Workers and employers have the right to set up, join and run their own organizations without interference from the State or any another entity. Employers should not interfere in workers' decision to associate, or try to influence their decisions in any way, or discriminate against either the workers who choose to associate or those who act as their representatives. 158
  • 172. HANDOUT # 37 ILO Convention 87 Freedom of Association and Protection of the Right to Organize Convention, 1948 The General Conference of the International Labour Organization, Having been convened at San Francisco by the Governing Body of the International Labour Office, and having met in its Thirty-first Session on 17 June 1948; Having decided to adopt, in the form of a Convention, certain proposals concerning freedom of association and protection of the right to organize, which is the seventh item on the agenda of the session; Considering that the Preamble to the Constitution of the International Labour Organization declares "recognition of the principle of freedom of association" to be a means of improving conditions of labour and of establishing peace; Considering that the Declaration of Philadelphia reaffirms that "freedom of expression and of association are essential to sustained progress"; Considering that the International Labour Conference, at its Thirtieth Session, unanimously adopted the principles which should form the basis for international regulation; Considering that the General Assembly of the United Nations, at its Second Session, endorsed these principles and requested the International Labour Organization to continue every effort in order that it may be possible to adopt one or several international Conventions; adopts this ninth day of July of the year one thousand nine hundred and forty-eight the following Convention, which may be cited as the Freedom of Association and Protection of the Right to Organize Convention, 1948: 1. Each Member of the International Labour Organization for which this Convention is in force undertakes to give effect to the following provisions. 2. Freedom to form their own (workers' association) without earlier permission from the employers. 3. Workers are authorized to make their own rules & regulations, select their representatives, and plan their programmes & procedures. 4. There will no interference of any the public authorities to exercise this legal right. 5. Employers will have no right to dissolve and suspend associations. 6. Employers give full freedom to join and member themselves with any Federation, confederation and international organization having the same mandate and there is no need for any sort of permission. 7. There will be no interference from any office or authority. 8. Workers' and employers' association is obtaining and achieving any legal status. 9. Association will take care of law of land for free and effective use of this right. 10. This association (organization) will work for and defend the interests of both workers and employers. 159
  • 173. HANDOUT # 38 Why are Freedom of Association and Protection of the Right to Organize are important? Freedom of association is a principle that has great impact on the development and strengthening of democracy. It is an enabling right on which the existence of real, independent civil society depends. Free trade unions and employer organizations, as major and representative actors in society, open up the space for others to freely engage with governments and to function without interference. Industrial relations constitute an important element of self -regulation independent of the State. For all of these reasons and more, freedom of association underpins and supports the other nine UN Global Compact principles. In addition Freedom of Association and Protection of Association enables workers and employers: Freedom of Association enables workers and employers to join together to protect better not only their own economic interests but also their civil freedoms such as the right to: ? Life Security ? Integrity and ? Personal and collective freedom ? Realize all other fundamental principles and rights at work. ? Association is a constructive forum for addressing working conditions and terms of employment and relations between employers and workers, or their respective organizations. ? Effective and more flexible than state regulation. ? Anticipating potential problems and can advance peaceful mechanisms for dealing; ? Finding solutions that take into account the priorities and needs of both employers and workers. ? Sound collective bargaining benefits for both management and workers, and the peace and stability it promotes generally benefit society more. ? Freedom of Association and Right to Organize is an important governance institution it is a means of increasing the consent of the governed by involving them in the decisions that affect them directly. 160
  • 174. HANDOUT # 39 How can an organization encourage Freedom of Association and recognition of the Protection of Right to Organize? ? Establishing genuine dialogue with freely chosen workers' representatives ? Enables both workers and employers to understand each other's problems ? Find ways to resolve issues and problems ? Provide security for representation ? Building trust between stake holders ? Exercise the Article regarding Freedom of Association and Protection of Right to Organize ? Provide opportunities for constructive dialogue and resolution of conflict ? Harnesses energy to focus on solutions that result in benefits to the enterprise and to society at large ? Facilitate in decision making that useful to employers in order to understand workers. ? Avoid unnecessary differences ? Respect the protests and find sustainable solutions which benefit both parties. The following list outlines some of the relevant principles: 1. In the workplace: ? Respect the right of all workers to form and join a trade union of their choice without fear of intimidation or reprisal, in accordance with national law. ? Put in place non-discriminatory policies and procedures with respect to trade union organization, union membership and activities in such areas as applications for employment and decisions on advancement, dismissal or transfer. ? Provide worker representatives with appropriate facilities to assist in the development of effective collective agreement. 2. At the bargaining table: ? Recognize representative organizations for the purpose of collective bargaining. ? Provide trade union representatives with access to real decision makers for collective bargaining. ? Provide information needed for meaningful bargaining. ? Address any problem-solving or other needs of interest to workers and management, including restructuring and training, redundancy procedures, safety and health issues, grievance and dispute settlement procedures, and disciplinary rules. 3. In the community of operation: ? Take into account the role and function of the representative national employers' organizations. ? Take steps to improve the climate in labour-management relations, especially in those countries without an adequate institutional and legal framework for recognizing trade unions and for collective bargaining. ? Inform the local community, media and public authorities of company endorsement of the UN Global Compact and its intention to respect its provisions, including those on fundamental workers' rights. 161
  • 175. HANDOUT # 40 Rights and responsibilities of trade unions and associations Trade unions and associations have a joint responsibility with the employer to create a workplace free from discrimination Note: For ease of reference, the term union is used to encompass trade unions or occupational associations. The term member is used to describe a person who is a member of a union or occupational association. Unions assist members within the employment context by: Guiding a member who has a human rights issue through the employer's internal complaint resolution process; ? Informally assisting members to resolve a complaint; ? Advocating with the employer on behalf of the member; ? Helping a member file a grievance based on a human rights issue; ? Helping a member make a human rights complaint with the Alberta Human Rights Commission; and ? Making a policy grievance against the employer on behalf of the union's members. ? Provide services to all members. ? The employer's internal complaint resolution processes and grievance procedures ? Exploring a potential complaint ? The union and the member can make use of the regular complaint processes within the employment setting, starting at the lowest level of management. ? Outlining the employer's procedures for resolving a complaint; ? Referring the member to the employer's policy; ? Going to any informal meetings with the member; ? Advocating with the employer on behalf of the member; ? Helping the member to clarify how the alleged discrimination has affected them; and ? Assisting the member in identifying potential resolutions. 162
  • 176. HANDOUT # 41 Freedom of Association obligation of the State to protect the rights of workers 1. Physical violence (intimidation, kidnapping, assassination of trade unionists) 2. Discrimination and harassment against trade union officials, e.g. transfer/dismissal/loss of conditions/violence 3. Dismissal of trade unionists 4. Arrest of union leaders for participating in strike 5. Government interference in trade union affairs (imposing government-friendly officers, influencing elections, suppressing financial basis for trade union work like check-off) 6. Unilateral cuts in pension benefits without negotiations 7. Non-compliance with bonus and leave payments 8. Adoption of labour law amendments contrary to Freedom of Association 9. No recognition of government employees' union 10. No recognition of the right to strike 11. Attempts by the education authorities to discourage teachers to join an education union 12. Restrictive/repressive trade union laws 13. Government refusal to register newly established organizations What is the responsibility of the Government? ? Practice and enforce the principle of Freedom of Association and the protection of right to organize bargaining enforced ? An enabling institutional framework, which can be tripartite, between the employers' and workers' organizations, or combinations of both ? Protection from discrimination. Employers' and workers' organizations must accept each other as partners for solving joint problems and dealing with mutual challenges ? Ensuring the legal and institutional frameworks exist and function properly ? Help to promote a culture of mutual acceptance and cooperation ? Efforts should be made to improve legislation and governance ? Make every effort to respect the principles ? Protects and implement the rights. 163
  • 177. HANDOUT # 42 Article: 17 Freedom of Association Ever y citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality . Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. Every political party shall account for the source of its funds in accordance with law. Freedom of Association The right to association is guaranteed by Article 17 of the Pakistani Constitution imparting on every citizen the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Under Article 3 of the Industrial Relations Ordinance (IRO) 2002, workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choosing, subject to respect of the law. Both workers' and employers' organizations have the right to establish and join federations and confederations and any such organization, federation and confederation shall have the right to affiliate with international organizations and confederations of workers' and employers' organizations. Registration of Trade Unions Registration of a trade union is to be made under the Industrial Relations Ordinance. Workers' trade unions are registered with the Registrar Trade Unions in the Province, and if the industry or establishment is nationwide with the National Industrial Relations Commission, after fulfilling a number of requirements, listed in Article 6 of the IRO 2002. Through its registration, the trade union obtains certain benefits: registration confers a legal existence as an entity separate from its members. Trade unions in Pakistan generally function on a plant-wide basis, with their membership contingent on the size of the industry/trade to which they belong. Once established, the trade unions and employers' associations have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. Women Workers It would also be pertinent to point out here that the number of working women in the urban economy (both in the formal and informal sectors) is on the increase. The percentage of women workers in the manufacturing sector as a percentage of women employed in all sectors has increased from 5.45% in 1973 to 15.27% in 1981. A PILER survey, which was conducted in 1988, shows the following pattern emerging: during the 1950s, 60s, 70s and 80s, 10% 12% 20% 58% respectively of women were employed by a firm. However, despite this trend the Labour Laws do not adequately protect women. Only a few of the laws deal with women separately e.g. the Maternity Benefits Ordinance which gives women paid maternity leave, and the Factories 164
  • 178. Act which prohibits women from working at night; the Mines Act prohibits women from working underground. This legal framework is far from sufficient. Mullalay (publication title and date) comments "an analysis of State practice reveals a highly protective approach to women's participation in paid employment, an approach that is clearly sanctioned by Constitutional doctrine . (Mullalay argues that the 1973 Constitution assumes that women are in need of protection). Domestic legislation referring specifically to women workers is almost exclusively "protective" in nature. Although Pakistan is a party to the ILO Conventions as yet no legislation exists on equal treatment or equal pay within the workforce.Neither has any legislation been enacted to give effect to the Constitutional norm of non-discrimination on the basis of sex. The development of international law in this field has had very little impact within Pakistan, pointing out the limitations of "protective legislation . "Studies reveal that women working in certain industries are at higher risk at the time of pregnancy and have a higher rate of miscarriages or still births. These health hazards, of course, are not mentioned either in the Workman's Compensation Act or the Provincial Employees Social Security Ordinance: thus, a female worker cannot claim either compensation or special protection from risk. No special medical attention is provided to pregnant women; maternity benefit and leave... areinadequate and the law does not address itself to the provision of crèches and daycare centers at places of work. The Mines Maternity Benefit Act does stipulate that a crèche should be provided but the West Pakistan Maternity Benefit Act does not." The Report of the Commission of Inquiry for Women and the Task Force on Labour (date) acknowledges the subordinate role of working women vis-a-vis their male counterparts and recommends that measures should be taken to evolve "certain minimum standards which will protect women workers from exploitation. 165
  • 179. HANDOUT # 43 Current Situation in Pakistan Regarding Freedom of Association and Protection of the Right to Organize The Pakistan Constitution provides safeguards for freedom of association and workers' rights, but the situation on the ground reflects the government's as well as the extremists' determination to undermine many of these protections. In 2007, there were attacks on the autonomy of nongovernmental organizations (NGOs), threats against union leaders and labourers, and violence against political protesters and activists. Most notably, ex-President Pervez Musharraf ushered in several weeks of mass arrests and intense violence by declaring a state of emergency on November 3,(year) effectively dismantling the Constitution and the judiciary for political gain. In an effort to preserve his political power, Musharraf called a state of emergency on November 3, 2007, suspended the Constitution, imposed a media blackout, and fired the entire Supreme Court. Hundreds of lawyers across the country took to the streets in protest, defying a ban on public gatherings. The police responded with violence and arrests. Two labour leaders, along with several hundred lawyers and journalists, were arrested at a November 5 rally. The labour leaders faced the death penalty for their actions, and their arrests caused several other leaders to go into hiding. On November 8, a trade union leader was charged with treason for making anti-government speeches in Karachi. The crackdown has limited the ability of unions and workers to act freely and without intimidation. Need to say whether this is still in effect Musharraf had launched a heavy attack against freedom of association and assembly even prior to emergency rule. He suspended Chief Justice Iftikhar Chaudhry for "misuse of office" on March 9 year. The move sparked weeks of protests by the country's lawyers and the political opposition, and police beat and detained hundreds of the demonstrators. In May, with the backing of thousands of lawyers and civil servants, Chaudhry attempted to address the Sindh High Court Bar Association but was met by the Muttahida Qaumi Movement, a major coalition partner of the government. The group tried to prevent Chaudhry from entering Karachi, and 42 people died in the ensuing clash. Musharraf reinstated Chaudhry in July, only to oust him again in November when he dismantled the judiciary. On the other hand, workers' rights are protected in several articles of the Constitution, including Article 17, which covers the right to form trade unions. The Constitution grants unions the right to collective bargaining and the right to strike, but in 2000 the government imposed a ban on outdoor political meetings, processions, and strikes. In 2006, the National Coalition against Bonded Labour was formed to combat the ongoing problem of forced labour, particularly in Sindh province. According to news reports (dates, names of newspapers), bonded labourers often sell their organs, particularly their kidneys, in order to escape servitude. This led the Sindh Institute of Urology and Transplantation to issue the Transplantation of Human Organs and Tissues Ordinance of 2007. The Ordinance, which took nearly 15 years to pass, aims to promote a culture of organ donation in order to put an end to the exploitation of the poor for their organs. 166
  • 180. HANDOUT # 44 Constitutional Framework of Pakistan The Constitution of Pakistan (1973) recognizes the right of individuals to associate with others to pursue common goals as an inalienable fundamental right. Relevant constitutional provisions include: ? Article 15 [Freedom of movement]: Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof. ? Article 16 [Freedom of assembly]: Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order. ? Article 17 [Freedom of association]: 1. ? ? Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of [sovereignty or integrity of Pakistan, public order or morality]. 2. Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan [or public order] and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan [or public order], the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. [Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section]. 3. Every political party shall account for the source of its funds [in accordance with law]. 4. Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders]. Article 19 [Freedom of speech]: Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defense of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence. Article 20 [Freedom of profess religion and to manage religious institutions]: Subject to law, public order and morality: 1. 2. ? ? Every citizen shall have the right to profess, practice and propagate his religion; and Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions Article 25 [Equality of citizens]: (1) - All citizens are equal before the law and are entitled to equal protection of the law. (2)There shall be no discrimination on the basis of sex alone. (3)Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. Article 34 (Equal Participation in national sphere): "Steps shall be taken to ensure the full participation of women in all spheres of national life." 167
  • 181. Information to Share Additional Information for Trainer Rights at Stake 1. Right to Peaceful Assembly: This upholds the right to peaceful assembly which should not be denied except in situations of national security or public safety. The right to violent assembly is not upheld. However, international standards limit the use of force by authorities in controlling peaceful or nonpeaceful assemblies. International standards require that law enforcement officials should use force only as a last resort, in proportion to the threat posed, and in a way to minimize damage or injury. 2. Right of association: This covers the right of individuals to 'associate' together and establish associations. Some countries have sought to hamper the ability of individuals to form associations by a variety of means: by claiming they do not agree with the political purposes of the associations; by denying legal personality which would be essential for day to day running and for taking on contractual relationships; by imposing cumbersome and partial registration processes; by imposing financial constraints. The right of association not only applies to individuals who wish to form associations but also guarantees associations so formed have rights to operate freely and without interference. 3. Right of an individual to join or not join an association: The right to join or not join an organization. In some countries, individuals may suffer reprisals for joining organizations or be obliged to join certain associations approved of by the state.what is the situation in Pakistan? 4. Right to belong to trade unions: Freedom of association has a critical meaning in the workplace and much of the jurisprudence which has developed on this issue comes from labour law. The following rights are upheld in Pakistan a. b. c. d. 168 Right of everyone to form and join trade unions for the promotion of their economic and social interests. Some states have attempted to curtail the activity of trade unions by hindering people from joining. In other places, certain categories of workers are excluded from enjoying these rights by national legislation. Examples include agricultural and domestic workers and others employed in informal settings; independent contractors; managers etc. In international law, the only exception to this right applies to the police and armed forces that do not have the right to form professional associations if this is contrary to national law. Other public employees have this right under international labour law although the extent to which civil servants are able to enjoy these rights has been a matter of debate in a number of countries. Right to form national and international confederations. It is essential for domestic groups to interact with each other at broader levels. In some countries the authorities have sought to hinder external contacts. Right of an individual not to be penalized for belonging to a union i.e. if a person belongs to a union this should not be a reason for denying her/him employment or for firing the person if he or she is already in employment. Right to strike. This is not an absolute right. It is by necessity nuanced as it affects other societal interests. This is especially so where public employees are providing essential services, the disruption of which may threaten the life, health and safety of the population. Fire fighters, for example, are prohibited from striking in some countries. Governments have attempted to hinder the right to strike through a variety of strategies. Some countries, for
  • 182. 5. example, adopt a permanent replacement doctrine whereby striking employees are replaced by new employees loyal to the employer who then vote the union out of existence. Such practices contravene international law. e. Right of organizations to elect representatives and draw up their own rules and constitutions. They are also protected from being dissolved by administrative authority. These provisions exist to protect associations from unreasonable interference in governance. No restrictions on these rights except for reasons of national security and public safety: Generally these rights cannot be derogated except for specific reasons relating to national security and public safety. The treaties themselves have not defined the parameters of these restrictions but subsequent jurisprudence, especially from the European Court of Human Rights, has stressed a narrow interpretation which only allows states to deny these rights in exceptional situations. Women Rights regarding Freedom of Association & Protection practiced in Pakistan According to the 1973 Constitution of Pakistan every citizen without any discrimination on the basis of sex, age, caste, religion etc. enjoys equal rights regarding Freedom of movement (Article 15), Freedom of Assembly (Article 16), Freedom of Association (Article 17), Freedom of speech (Article 19), Freedom of profess religion & to manage religious institutions (Article 20) and Equality of citizens (Article 25) as described earlier. Besides all these laws, its practical enforcement is not that encouraging in respect of the fact that women's rights are human rights and women do not enjoy their human right regarding freedom of association and protection that was laid down in the Universal Declaration of Human Rights. The status of women status in Pakistan is not homogenous across classes or regions (rural & urban) due to uneven socio-economic development and the varying impacts of feudal and capitalist social formation on women's lives. i.e. women's systematic subordination as compared to men that are determined by patriarchal forces. So there is a need to launch a serious advocacy regarding the implementation of women's rights as human rights considering existing socio-cultural, religious and economic scenarios. Recommendations for improvement: Recognition of women's worth and equality with men must be complemented with various protections and policies. Legal rights can enhance women's living conditions by legislating against gender bias in employment, discrimination in pay, incentives and violence and harassment. It also contributes to increasing women's capabilities by giving them property and inheritance rights, better access to credit and other productive resources and increased political participation and representation as well as the rights of freedom of association and protection. 169
  • 183. Session 12: Collective Bargaining ILO Convention No. 98 Tile of Session: ILO Convention No. 98 Concerning the Application of the Principles of the Right to Organize & Bargain Collectively Introduction: This session discusses ILO Convention No. 98 which aims to protect workers against anti-union discrimination and states that employment of a worker should not be subjected to a condition that he [or she] shall not belong to a union, nor should be either the reason for dismissal of a worker. Objective: To enable participants to: ? Know the ILO Convention 98 regarding the Right to Organize and Collective Bargaining; and ? Gain knowledge how about the direction of Labour Policies in Pakistan. Target Audience: This session is specifically designed for workers, employers and government officers. Duration: 120 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides Methodology: Case study, group work, plenary presentation, plenary & interactive discussion Preparation before Training: Prepare Photocopies of the handouts Prepare Power Point Slides Expected Results: Participants will be able to understand ILO Convention No. 98 concerning the right to organize and bargain collectively and the relevant policies in Pakistan. Process: Generating Interest in Topic STEP-I Demonstration (120 Minutes) 1. Introduce participants to the session, providing them eminentrelevant information regarding the ILO convention concerning application of the principles of the rights to organize and bargain collectively. 2. Divide the participants into two groups and distribute the case study as Handout # 45. 3. Ask each group to prepare the following answers through the case study; 170
  • 184. ? What were the problems? ? What kind of action has been undertaken? ? What were the results of these actions? ? What are the advantages of being organized? ? Can they think of similar problems they have faced in their work? ? Did they undertake action? ? If yes, what was the outcome? ? If no, why not? 4. Invite the participants to reconvene and provide their inputs during presentation in the plenary. 5. After group presentations, write down the date 1st July 1949 on the flip chart. Ask the participants whether they are familiar with it and its significance. 6. Take some responses from the on flip chart and build the relation of a case study to the Right to Organize and Collective Bargaining and facilitate the discussion to cover the following questions : Q 1: Is it pertinent for the worker to get organized? What is Collective Bargaining and what role can it play for better solution and decent work? Now share the definition of Collective Bargaining through slides and discuss possible issues that can be addressed, and the importance of collective bargaining for decent working conditions Q 2: Is it useful for workers (men and women) to become members of any association/organization? Now share through slides the name of different organizations that can play an important role in organizing workers in Pakistan. Q 3: What are the advantages of collective bargaining? Now describe some of the advantages relating to the participants responses. 7. Elucidate the fact that the labour policy issued by the Government of Pakistan lays down the parameters for the growth of trade unionism, the protection of workers' rights, the settlement of industrial disputes, and the redress of workers' grievances. The policy also provides for the compliance with international labour standards ratified by Pakistan. A forum, Workers' Employers' Bilateral Council of Pakistan (WEBCOP), has also been established which facilitates the resolution of issues relating to bilateral rights. 8. For further information, please consult http://www.ituc-csi.org/IMG/pdf/TPR_Pakistan_-_FINAL_11_01_08.pdf 9. Wrap up the session with the realization about the fact that at a time when the share of wages in the gross domestic product (GDP) is steadily declining, and is likely to continue to do so in the current economic crisis, extending the coverage of collective bargaining (especially to the most vulnerable groups such as informal sector workers, domestic workers and workers with atypical contracts) is probably the best way to limit the repercussions of the crisis on remuneration. 171
  • 185. Information to Share HANDOUT # 45 Case Study: In a small town there was a textile mill where most of the employees were females. The policies of this mill were such that the female employees were not allowed to socialize during lunch and tea breaks, they were made to work after working hours and not paid overtime and there were no medical or maternity leaves. Also they did not get their pay on time. One day these women met outside the factory, at a colleague's wedding, and got a chance to speak about the problems they faced during work. They discussed these points in great detail and weighed the cost and benefits. Also at the wedding the women met other femaleswomen who were working from home and were not given labour rights either; people took products from them and did not pay them on time. The home-based women asked the factory workers whether they could become their partner so that they could have a platform to fight for their rights. Instructions: 1. Discuss the given scenarios using the following questions: + What were the problems? + What kind of action has been undertaken? + What were the results of these actions? + What are the advantages of being organized? + Can they think of similar problems they faced in their work? + Did they undertake action? + If yes, what was the outcome? + If no, why not? 2. Appoint one person for writing the group's responses on a flipchart 3. Appoint a the time keeper 4. Appoint one group member for presentation. 172
  • 186. HANDOUT # 46 What is Collective Bargaining? Collective bargaining is a process of negotiation whereby terms and conditions of work are determined and rules created to govern labour relations. The participants in this process are employers and their organizations on the one hand, and worker representatives, usually from trade unions, on the other. The government is sometimes involved as a third party. Issues to be addressed: The Issues addressed through collective bargaining: ? Wages, contracts of employment ? Labour contracting ? Maternity rights ? Health benefits ? Hours of work ? Leave entitlements ? Occupational health safety and environment ? Housing conditions ? Grievance procedures ? Transport of workers and ? Elimination of child labour. Issues confronted in the non- industrial sector: ? The lack of respective institutions ? Discouraging role of governments to such negotiations ? Non-existence of the trade unions and other forms of rural workers' organizations ? Confined role of CBAs in the sectors with fulltime employment reflecting the concerns of permanent workers ? Other workers, whether daily, weekly, temporary or seasonal, may not be covered by such agreements, or may be only partially covered even if they form the majority of the total workforce ? Are non-existent incomplete ? Scattered workplaces ? Having many different employers ? Lack of transport ? Lack of finances ? Large geographical areas ? Difficulty in signing up with the trade unions as members 173
  • 187. ? Ove seen by the formal economy ? Lengthy processes of the trade unions/or right to organize and bargain. Gender implications Gender implications of collective bargaining about the practical issues regarding women such as: ? Equality of opportunity policies ? Equal pay for work of equal value ? Maternity leave and benefits ? Child care issues ? Reproductive health services ? It is also important that the gender implications of apparently neutral issues for collective bargaining be assessed, including regarding wages, leave, overtime and bonus systems since these often in reality impact on women and men differently. 174
  • 188. HANDOUT # 47 A Guarantee to Decent work: The Convention on the Right to Organize and Collective Bargainingmentions that Collective agreements have proved an indispensable means of guaranteeing decent working conditions and a degree of(industrial) peace in the workplace This does, however, mean that the social partners have to be in a position to negotiate all the terms of their employment relationship, including: ? Wages and other forms of remuneration ? Remuneration ? Working time ? Annual leave ? Capacity development training ? Occupational safety and health and ? Guarantees in the event of dismissal. 175
  • 189. HANDOUT # 48 Role of different Organizations: There are different organizations that can play an important role in organizing workers. Trade Unions for instance, can play important roles in all kind of issues concerning employment. They can act as a pressure group and file complaints to the concerned Ministry or Departments. Another important issue is that they can collectively bargain for better payment and better working conditions for all workers and women in particular. They can also bargain for maternity protection for women and child-care facilities, provide education and training on workers' and women's rights, and improve health and safety conditions at work. The number of female members is not very high and the number of women who are participating actively in trade unions or playing a leading role is almost negligible. Being a member and being a leader should be promoted among women in order to fight for women-specific rights like equal opportunities and treatment or maternity leave. Co-operatives or saving and credit groups, Chambers of Commerce, etc. are another form of organization which can provideadvantages to their members. Especially in rural areas this type of organizing can be useful. For instance, selling products through a co-operative can give generate more profit than selling it on an individual basis. The opportunities for getting credit are easier. All rules and regulations are mentioned in the Co-operatives Act. ? Directorate of Workers Education (DWE) could not find ? National Institute of Labour Administration Trainings (NILAT), Karachi ? National Institute of Labour Administration Training (NILAT), Karachi is the only Federal Government Institution in the country which imparts training in Labour administration and industrial welfare at the tripartite level. Pakistan Institute of Labour Education and Research (PILER): PILER was established in 1982 as a Civil Society Organization. The people who contributed for the establishment Founding members of the organization include trade unionists, educationists, economists, doctors, engineers, journalists and intellectuals. The idea thought was to consider the problems of the labour class and to induce social awareness among them. PILER's objectives are: ? Institute a mandate was that it will work for the betterment of the labor class. ? Institute will establish an organized research wing to produce a data bank for Pakistan and other developing countries. ? Institute will publish pamphlets, booklets, newsletters etc. on labor class. ? Institute will also play a positive role in culture and art. ? It was also decided that the Institute, being not biased to any of the ideology,it will work for the betterment of the working class to achieve the objectives andgoals. 176
  • 190. HANDOUT # 49 ILO Convention 98 Right to Organize and Collective Bargaining Convention, 1949 The General Conference of the International Labour Organization, Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Thirty-second Session on 8 June 1949, and Having decided upon the adoption of certain proposals concerning the application of the principles of the right to organize and to bargain collectively, which is the fourth item on the agenda of the session, and Having determined that these proposals shall take the form of an international Convention, adopts this first day of July of the year one thousand nine hundred and forty-nine the following Convention, which may be cited as the Right to Organize and Collective Bargaining Convention, 1949: This Convention aims to protect workers against anti-union discrimination and states that employment of a worker should not be subjected to a condition that he shall not belong to a union, nor should be either the reason for dismissal of a worker. 1. Employers will take substantial procedures to guard the rights of the workers' during their employment period and their employment would not be at risk if they join any association. 2. Workers will not be treated unlawfully or unethically. Employer will not interfere, control or influence the workers' organizations. 3. The higher management of the factory highlighted upon institutionalization, where suitable measures would be adopted which would facilitate an external environment that yields better results. 4. Workers' and employers' organizations shall enjoy adequate protection against any action of interference by each other or each other's agents or members in their establishment, functioning or administration. 5. Structure and mechanism suitable to national conditions shall be set up, where necessary, for the purpose of ensuring respect for the right to organize as defined in the previous Articles. 6. For collective agreements appropriate actions and use structure/machinery (where necessary) as national conditions shall be taken for negotiation. 7. Also anyone who is not a member of the organization would not be able to become a stakeholder for it. 8. This Convention does not deal with the position of public servants. 177
  • 191. HANDOUT # 50 Rights to Organize and Bargain Collectively in Pakistan The Pakistan Labour Policy 2010 lays down the parameters for the growth of trade unionism, the protection of worker's rights, the settlement of industrial disputes and redress of worker's grievances, providing the compliance with international labour standards ratified by Pakistan. Besides that with the efforts of the Government of Pakistan and enlightened elements within labour and employers a forum titled W orkers Employers Bilateral Council of Pakistan (WEBCOP) has been established that facilitates the resolution of issues relating to bilateral rights. Under Article 3 of IRO 2002, workers as well as employers in any establishment or industry have the right to establish and to join associations of their own choice, subject to respect of the law. They also have the right to affiliate with any federation/confederation and international confederations/organizations of workers and employers organizations. Federal? National? Trade unions are registered under the Industrial Relations Ordinance whereas worker's trade unions are registered by the Registrar Trade Unions in the Province. If there is a nationwide industry or establishment it is registered by the National Industrial Relations Commission after fulfilling the requirements listed in Article 6 of IRO 2002. The unions registrar are more in power for registration because the law in force prevents the effective exercise of the right to join a union, to bargain collectively and striking to all workers. It has gravely restricted the effective exercise of the worker's rights to unionize/organize and bargain collectively despite Pakistan having ratified both ILO International core labour standards regarding these rights. To determine the trade union's representativeness in industrial dispute and on committees, commissions and boards, the Industrial Relations Ordinance make provision for the appointment of a Collective Bargaining Agent (CBA). It is a registered trade union elected by secret ballot, entitled to undertake collective bargaining with the employers on employment matters such as terms of employment, unemployment, its guarantees & security, awards and settlements under the law. Collective agreements are thus formulated by the CBA. The agreements may contain matters such as the facilities in the establishment for trade union activities and procedures for settling collective disputes including grievances and disciplinary procedures. Substantive provisions settle terms and conditions of employment, wages and salaries, hours of work, holiday entitlement and pay, level of performance, job grading, lay-offs, retrenchment, sick pay, and pension and retirement schemes. Such agreements once duly executed by both parties become the source of law. The agreements should invariably be in writing and should be drafted with care, for they are meant to settle disputes rather than raise them. In addition to statutory benefits under the labour laws, the adjustment of rights takes place through collective bargaining including adjudication in the Labour Courts. The IRO 2002 has changed the appellate procedure on the provincial level, which used to be brought before a Labour Appellate Tribunal. This institution was abolished by the IRO 2002. Appeals of Labour Court decisions now lie directly with provincial High Courts. Office bearers of trade unions are given protection against arbitrary transfer, discharge and dismissal. Any illintentioned action on the part of the employer against an office-bearer of a trade union or against a worker for trade union activities is construed as an unfair practice and the National Industrial Relations Commission is 178
  • 192. entrusted with the task of preventing such offenses. Security of service is ensured to the workers. Similarly, unfair labour practices on the part of workers and trade unions are elaborated and incorporated in law. Women's Rights to Organize and Bargain Collectively in Pakistan Article 38 of the Constitution of Pakistan imparts the state's obligations to achieveequality in the form of securing the well-being of the people irrespective of sex, caste, creed or race, and Article 17 of the Constitution impart that every citizen has a right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. Moreover the Pakistan Labour Policy 2010 has shared the Government's efforts to promote women's participation and leadership in trade unions in Pakistan. Women are traditionally and culturally discouraged from forming organizations whereas formal trade unions are male dominated in terms of membership and leadership. As earlier survey of 15 trade union federations reveal that one had a as president. In the latest official data out of 247,539 members of 1,201 registered trade unions in 2002 the number of female members was only 2,134. Women has been excluded from plant level unions whereas in the informal sector women workers are not organized: unlike men they have formed informal labour organizations or trade bodies in various sectors in urban areas. Women of Pakistan are now challenging the male dominated social and political system but it not still easy for women to raise their voices for the rights due to feudalism, tribalism, fundamentalism as well as the rotten system of capitalism on individual basis there is need to form organizations for working women. Example: During the Pakistan Telecomm strike against privatization (date) and the recent teachers' struggle (date) it was proved that female workers have great potential to organize and lead struggles. During the telecom strike women workers played an important role in organizing in many places. Female workers remained solid committed throughout the strike. Women teachers are at the fore-front of the struggle against the government's policies. Thousands of female teachers recently participated in an important protest demonstration. These struggles show the importance of women being organized in the unions. Trade unions must include the demands of female workers in their programs to attract the biggest number of potential members for the unions. Despite all the laws and steps undertaken by government of Pakistan women's participation in trade unions and role in collective bargaining, especially at the leadership level, is not that muchvery encouraging due to legal, socio-cultural, economic and religious restrictions. 179
  • 193. Session 13: Skills Development and Learning - ILO Convention No. 142 Tile of Session: ILO Convention No. 142 Vocational Guidance and Vocational Training in the Development of Human Resources, 1975 Introduction: This session introduces ILO Convention (No. 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources, 1975 . It was convened in Geneva by the governing body of the International Labour Office on June 4, 1975. Objectives: To orient participants on the need for of Vocational Guidance and Vocational Training in the Development of Human Resources. To create understanding among the participants about 5 major articles of ILO convention on Vocational Guidance and Vocational Training in the Development of Human Resources. To share how the laws and policies in Pakistan with respect to Vocational Guidance and Vocational Training in the Development of Human Resources. Target Audience: This session is specifically designed for workers, employers (public & private) and government officers. Duration: 90 minutes Material: Markers, Flip Charts, Handouts, Notepads and Ball Pens, multimedia, Power Point Slides, colored cards & colored markers Methodology: Brainstorming, exercise, group work & interactive lecturing & discussion Preparation before Training: Prepare Photocopies of the handouts and prepare Power Point slides Expected Results: Participants will be oriented and have sufficient knowledge on ILO's Convention No. 142 and its articles regarding Vocational Guidance and Vocational Training in the Development of Human Resources 180
  • 194. Participants will be sensitized regarding laws and policies in Pakistan with respect to Human Resource Development through Vocational Guidance and Vocational Training. Process: Generating Interest in Topic STEP-I Demonstration (120 Minutes) ? Ask participants to share their knowledge regarding the role of vocational guidance and training in development of human resources. (15 minutes) ? Note relevant points on flip chart and share important information on history and three types work programs. (15 minutes) ? Briefly discuss the important articles of ILO Convention No. 142 concerning technical and vocational training for human development. (XX minutes) ? Divide participants into 2 groups and assign them the following tasks; (30 minutes) Group 1: Laws & Policies regarding technical and vocational training for human development in Pakistan. Group 2: Current situation & status of technical & vocational trainings for human development in Pakistan. ? Invite participants from each group to present their group work each one in 5 minutes. ? Conclude the activity through providing feed back to the group work and sharing the information regarding problems in TVET and women's participation in such programs. (30 minutes). 181
  • 195. Information to Share Explain the basic concepts as given below; HANDOUT # 51 Vocational Guidance and Vocational Training in the Development of Human Resources, 1975 By definition vocational education is career skill instruction, practically illustrated and attempts to get a job in the relevant trade. A variety of components fall under the vocational education i.e. agricultural education, business education, family and consumer sciences, health occupations education, marketing education, technical education, technology education, and trade and industrial education. In the early 1880sthe first formalized vocational education system was introduced in America to introduce apprenticeship programs in the formal school system during colonial period and in the mid-1880s vocational education in the form of industrial education was identical with institutional programs for youth to get job oriented training. In the early 20th century, vocational education was a prominent topic of discussion among American educators as schools struggled to meet the labour force needs consistent with the shift from an agrarian to an industrial economy. In Australia vocational education and training (VET) in Australia had its roots in the mid to late 19th century with the establishment of mechanics' institutes, schools of mines and technical and working men's colleges to develop the skills of Australia's working population. Work experience programs allow students to learn first-hand about the world of work during their education in school, college and university. It improves their skills regarding work- based learning that includes formal work-based training programs outside the school, such as cooperative education, youth apprenticeship, and school-based enterprises. Three types work experiences programs were introduced to improve work based skills: Co-op Education: It is run by individual schools as part of their vocational programs and students are provided part-time jobs during the schooling in their respective field of vocational specification. The job placements are arranged by the classroom vocational instructor or by the school's co-operation coordinator. Youth Apprenticeship: This includes preparation for post-secondary education as well as employment, typically designed for high school students who may go on to post secondary education. It is based on the active participation of employers; integration of work-based and school-based learning; integration of academic and vocational learning; structured linkages between secondary and postsecondary institutions; and the award of a broadly recognized certificate of occupational skill. 182
  • 196. School-Based Enterprises: In this program, students produce goods or services for sale or use to other people. Such enterprises include school restaurants, construction projects, child care centers, auto repair shops, hair salons, and retail stores. Like the other two programs it does not place students with employers. It is a viable option in communities where there are too few employers to provide sufficient jobs and training opportunities in the private sector. On June 4, 1975 the Governing Body of the International Labour Office at Geneva convened ILO Convention (No 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources, 1975 which is cited as Human Resource Development Convention, 1975 . ILO Convention (No 142) concerning Vocational Guidance and Vocational Training in the Development of Human Resources, 1975 According to ILO Convention No 142 each member state shall adopt and develop comprehensive and coordinated policies and programs of vocational guidance and vocational training, closely linked with employment, particular to public employment services. These policies and programs will overcome employment needs, opportunities and problems both at regional and national level as well as be useful regarding economic, social and cultural development, developing mutual relationships between human resources development and other economic, social and cultural objectives. Such policies and programs shall be pursued, appropriate to national conditions and designed to improve an individual's ability to understand individually and collectively and to influence the working and social environment It will encourage and enable all persons, on an equal basis without any discrimination, to develop and use their capabilities for work in their own best interests and according to their own aspirations as per the need of the society. Each member state shall establish and develop open, flexible and balanced systems for general, technical and vocational education, educational and vocational guidance and vocational training, within the system of formal education or outside. Each member state shall gradually extend its system of vocational guidance, including continuing employment information with an assurance that guidance and information is available to the children, young persons and adults even to handicapped and disabled persons. Such information and guidance would be useful to choose an occupation, vocational training and related educational opportunities, the employment situation and employment prospects, promotion prospects, conditions of work, safety and hygiene at work, and other aspects of working life in the various sectors of economics, social and cultural activity and all level of responsibility Such information and guidance shall increase through collective agreements as well as rights and obligations of all concerned under labour law. This information shall be provided according to national law and practices, taking into account the respective functions and tasks of the concerned workers and employers organizations. 183
  • 197. Member states shall gradually extend, adapt and harmonize their vocational training systems to meet the needs of vocational training throughout life of both young persons and adults in all sectors of the economy. Policies and programs of vocational guidance and vocational training shall be formulated and implemented in co-operation with employers and workers organizations appropriately according to national law and practice, with other interested bodies. Laws and Policies Regarding Vocational Guidance and Vocational Training in the Development of Human Resources in Pakistan Since its creation in 1947 Pakistan has had three constitutions i.e. 1956, 1962, and 1973. 1. 1973 Constitution: ? According to the 1973 Constitution laws related to vocational guidance and vocational training in the development of Human Resources in Pakistan. ? Article 18: Allows every citizen to enter in any trade, business or profession of his/her choice subject to his/her qualifications. 2. Education policy 1992-2002: ? Pakistan's Education Policy 1992-2002 focused on setting up a network of technical teacher training institutes, one in each of four provinces linked with the federal level National Teacher Training College. ? The policy emphasized setting up trade schools in rural areas. It was compulsory for every student to take one vocational subject as part of general education. ? The policy promised more opportunities for women in vocational and technical education. ? The Vocational Education and Training (VET) curriculum was modernized, and included computer education as a compulsory element. Note: Provincial Boards of Technical and Vocational Education run all vocational and technical institutes and colleges, and the Federal and Provincial Education Ministries provide support. The Federal Government's new Labour Policy 2002 was developed for extension and up-gradation of vocational and industrial training programs to meet the changes challenges of globalization and avoidance of joblessness. It is believed to be a right step towards affirmative action and equal employment opportunity. 3. National Education Policy 1998-2010 It was formulated to provide changes in VET needs, incorporating new trends in the market-oriented education system. 4. Ministry of Women's Development Pakistan: The Ministry of Women's Development has taken steps to advance the work opportunities for women through increasing women's capacity to earn by providing better access to sources of livelihood, improving facilities for education, training and skills development for women, to enter and re-enter the labour force and providing special courses for women in entrepreneurial skills to assist and engage them to establish their own smallscale enterprises. 184
  • 198. 5. Ratified International Instruments: To provide equal employment opportunities through enhancing women skills, providing vocational guidance and vocational Pakistan has signed the following international instruments: ? ILO Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) (ratified on 25/10/1994) ? ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98) (ratified on 26/5/1952) ? UN Convention on the Political Rights of Women, 1953 (ratified on 7/12/1954) Existing Situation concerning Vocational Guidance and Vocational Training in the Development of Human Resources in Pakistan Pakistan emerged on the world map as a Sovereign Islamic State on 14 August 1947. The Pakistan Federal Ministry of Education is basically responsible for policy planning, development of standard curricula and text books, promotion and co-ordination of educational research for the development and utilization of human resources for economic growth. Improvements in human resource development are essential for continued economic growth, providing training and support to prospective entrepreneurs. Thus, the need for expansion of technical and vocational education is imperative. Presently (date) Pakistan ranks low on the Human Development Index, ranking 136 out of 177 countries because of poor social indicators. Over the years, a number of vocational and technical institutions have been established to ensure sizeable growth of technical, vocational and agro-technical education in various parts of Pakistan. However, it is not in line as per needs of the job market. Training of semi-literate students not completing courses also remains a problem. The country urgently needs to introduce a new type of vocational high school that is linked with the private sector Generally Pakistan has inherited a weak Vocational Education and Training (VET) system and structure with the worst implications for the vulnerable and the unemployed, particularly for women: whereas unemployment among the youth is very high, so great emphasis has been laid down in the Education Policy (1998-2010) on TVET. An effective TVET should be responsive to the changing socio-economic demands of the country. The TVET system in Pakistan is exposed to several problems such as low participation rate, resource constraints, low pass-out rates and lack of linkages with industry. Establishing To establish vocational institutes and polytechnics is capital-intensive but the allocations of funds to TVETs are far lower than that for general education. (www.tevta.gop.pk/) Current Status of Technical and Vocational Education and Training (TVET) System in Pakistan: TVET is widely accepted as one of the ingredients for socio-economic development of a country. Rapid economic growth demands a mixture of skilled workers/tradesmen, technicians, technologists, engineers and researchers trained as per industry requirements. In Pakistan, technical and vocational education started as a separate stream in the mid 1950s and can be divided in three tiers, namely; 185
  • 199. 1. Pre-vocational Education: It aims at exposing the students to the world of work by fostering dignity of labour and positive attitude towards it. It is generally a part of school education and provides only limited skill to stimulate vocational interest. 2. Vocational Training: It imparts lower level training to develop semi-skilled workers in various trades. 3. Technical Education: It is imparted through the post-secondary courses of study cum practical training, aiming to prepare middlelevel engineering technicians to work as supervisory staff. It is intended to bridge the gap between semiskilled workers and engineers. Establishment of Mono-Polytechnic Institutes: On priority basis the Government of Pakistan established mono technical / polytechnic institutes to prepare the technical skilled human resource to meet the future needs of the country. The number of Technical Education and Vocational Training Institutions working under administrative control of various Government Departments is as under: There are 78 mono-technical / polytechnic institutes in the country as per following details:? Punjab: 24 (20 for Male & 04 for Female) ? NWFP: 12 (11 for Male & 01 for Female) ? Sindh: 38 (32 for Male & 06 for Female) ? Balochistan: 02 (01 for Male & 01 for Female) ? ICT: 02 (01 for Male & 01 for Female) The faculty members / teaching staff of these technical and vocational institutes are continuously exposed to local and foreign training to keep them abreast them of the latest technologies and teaching methodologies. The UNESCO, UNDP the British Council, ILO and JICA are providing funds to most of the fellowship /training , programs. The short courses, programs and workshops arranged by the CPSC are very helpful in training of administrative staff of TVET sector / institutions in Pakistan. Problems and Issues in TVET: ? Inadequate reliable data/statistics regarding existing number of science, technical and vocational institutions, basic infrastructure and available facilities and number of science students and their needs assessment. ? Lack of integrated agencies, involved in the human resource development ? Diversity in programs in terms of objectives, curricula, methodology and testing/certification ? Weak Industry- institution linkages ? Less-Funding - Lack of resources and adequate physical facilities and equipment for Technical & Vocational Institutions. 186
  • 200. ? Challenges faced for research ? Lack of co-ordination between various nation building departments involved in TVET ? Lack of internal and external efficiency. At the national level technical education policies and programs are undertaken by the Federal Ministry of Education of Islamabad. The National education Policy provides for the establishment of a National Council for Technical Education to regulate technical education and to coordinate the efforts of various departments/organizations in this field. Under the education sector reform program launched (date) at the national level, the following provisions have been made for technical education: ? Extending services for Females in Polytechnic Institutions ? 15 Men/Women Polytechnic (Evening Shift) Institutions ? 1,100 Secondary Schools ? 550 Male + 550 Female ? 10 per District in each Province/AJK ? 10 each in FATA, FANA & ICT Women's Participation in Vocational and Technical Training: The Ministry of Women Development is a national focal Ministry for the advancement of women, responsible for the formulation of policies and laws to meet the special needs of women, ensuring that: ? Women's interests and needs are adequately represented in public policy formulation by various organizations and agencies of government, ? Promotion and undertaking of projects for development of women, ? Ensuring women's equality for availing opportunities, gaining an education, training, employment and facilities in health care and community development. In Pakistan girls and women tend to be less visible with respect to their enrolment in education, labour force participation and contribution to economic activities. Pakistan is a labour-intensive economy with a high demand for skilled manpower. Currently female participation in the labour force is merely 26.48 % , which is the lowest as compared to neighboring countries in the region (World Development Indicators, The World Bank, 2008). It will be overcome through increased participation of skilled females in the labour force. Female vocational and technical training institutions have been established by Technical Education & Vocational Training Authorities (TEVTAs), Directorate of Manpower Training, Directorate of Technical Education, Pakistan Bait-ul-Maal, Fauji Foundation, Social Welfare Special Education & Women Development Department, Industries and Commerce Department and training centers established under the armed forces. It was found that As of 2010 there are 442 public sector female institutes, out of which 397 are vocational and 27 technical institutes. In these institutes 129 different types of trades are being offered and 2,590 teachers are associated with these institutions. Presently in 2010, 74,112 females are enrolled in the morning shift while enrolment in the afternoon shift is 187
  • 201. just 16,856. The reason for lower enrolment in the afternoon shift is attributed to a fewer number of courses being offered in the afternoon shift. Reference: SDPI research paper titled Technical & Vocational Education and Training for females in Pakistan written by Azhar Mahmood from SDPI, 2 April 2010 In general, women females have less access than men to Technical and Vocational Education and Training for Females (TVET) but in our case, cumulative enrolment for females is higher than males. Female vocational institutes have higher numbers of trainees than male's vocational institutes. The aggregated student-toteacher ratio for females and males is 35:1 and 12:1, respectively and the average number of teachers per institute is 6.0 for females and 15.0 for males. Female enrollment level is highest in short and certificate level courses i.e. 68.68% in aggregate, for example in Diploma in Associate Engineering (DAE) (0.83%), in vocational diploma (8.49%), in G-II level (0.10%) and in G-III level (3.04%). Out of 442 institutes, only four do not have any classroom at all, 105 have no computing facilities, 96 are lacking in laboratory/workshop facilities and 270 institutes have insufficient equipment and teaching materials. By and large, males have better access to classrooms, laboratory/workshop and computing facilities. On average, the number of classrooms per female institute is 4.0 as compared to 5.0 for males. Similarly, computing machines per institute for females are 4 against 16 for males and availability of laboratory/workshop per institute is 1.0 for females as opposed to 5.0 for males. It is necessary to understand the relationship between expected labour market outcomes and investments in female training. The returns from training females in Pakistan are more complex because their participation and labour supply is usually more variable than males because of their domestic roles and socio-cultural factors. Females are more likely to experience temporary or permanent withdrawal from the labour force. However, the returns to female training appear to be quite high. Females receiving any type of vocational training receive 8.0% higher wages than those with no vocational training. Vocational training in Information Technology (IT) has an even more pronounced effect and females receiving such training can earn 18% higher wages than those with no training (Skill Development in India, The World Bank, 2005). Female TVET Institutes are smaller in number and probably attract low budgetary provisions. Information to Share Additional Material for Trainer Policies and Action Plans that Promote Gender Equality in Pakistan 1. 188 Pakistan adopted its National Plan of Action for Women in 2XXX. The plan considers women as vital contributors to the economic survival of poor households , and recognized the double burden of productive and household chores. The Plan envisages that the economic empowerment of women promotes women's economic image in the family, community and nation. It aims to facilitate women's participation in all areas of life besides ensuring protection of women's rights within the family and the society.
  • 202. A National Policy for Development and Empowerment of Women (March 2002) was developed that specifically aims to: ? Remove inequalities and imbalances in all sectors of socio-economic development, and to ensure women's equal access to all development benefits and social services; ? Ensure the participation of women as equal partners in national development and decision-making processes in the community and society; ? Safeguard and ensure the protection of women's rights including economic, legal, political and social rights; ? Provide equality of opportunity and create liberty for women to realize their full potential. The document sets the benchmark for economic empowerment in the country through a) the inclusion of gender sensitization measures that need to be institutionalized and integrated into all sectors of development including the private sectors; b) developing multi-sectoral and inter-disciplinary approaches for women's development and c) mainstreaming gender issues into all sectors of national development. Further, the document tries to enhance more women to earn wages and salaries by providing them equal employment opportunities as employees through appropriate legislation that stresses: Equal remuneration for men and women for work of the same value ? Making the work place conducive for women so they can work without discrimination and harassment ? Protection against sexual harassment at the work place and relief in cases of occurrence ? Special capacity building for women with entrepreneurial skills, helping them to get engaged in their own small scale enterprises. ? The Gender Reform Action Plan (GRAP) was launched in August, 2002 as a tool to align policies, structures and procedures enabling the government to implement its national and international commitments regarding gender equality at the federal, provincial and district levels. The GRAP focuses on four areas which include administrative and institutional reforms, policy and fiscal reforms, public sector employment, and political reforms through capacity building interventions and other support actions. ? The year 2002 saw a published Labour Policy which renews commitment to improve the status and wages of women in the labour force by providing equal employment opportunities for women and men. The Labour Policy also addresses women's empowerment. ? Pakistan's Medium Term Development Framework (MTDF, 2005-2010) reflects the Government's commitment to protect women and men in the labour force from exploitation. The framework points out the Government's need to; + Insist on a minimum wage; + Ensure equal pay for equal work; + Endorse laws against sexual harassment at the work place; + Regulate conditions of work in the informal sector; + Make piece-rate contracts for home-based work obligatory + Treat agricultural workers and industrial workers, who have rights to social security medical and old-age benefits, equally. 189
  • 203. Gender Mainstreaming Strategies (GEMS) The GEMS Toolkit (Gender Mainstreaming strategies: Programming tools) is a set of 12 practical tools to facilitate the implementation of Gender Mainstreaming Strategies (GEMS) in organizations, policies, programmes and projects. The GEMS Toolkit aims to share knowledge, skills and tools with ILO constituents and partners in the Asia-Pacific region and worldwide on how to: ? Do a gender analysis of their work and their organization ? Put gender in the mainstream of policies, programmes and projects ? Carry out gender-specific action to redress inequalities. The tools in the GEMS Toolkit have been designed in the form of quick reference guides, checklists and tips for ease of use. The first tool gives an overview of key concepts and definitions concerning gender equality and gender mainstreaming strategies in the world of work. The other GEMS tools are organized by topic, addressing gender concerns in (country) strategy development on decent work, in organizations, research, the design, implementation, monitoring and evaluation of programmes and projects, in budgeting, human resource development, media products and processes, meetings and training, and in the working environment. They conclude with a summary of four main international labour standards for gender equality (see the brief content of each tool in Section 6 below). The Toolkit is available in two formats: A ring binder with the complete set of guides, checklists and tips ? A desk calendar, the 'GEMS Toolkit' in Brief, with the main gender pointers of each tool. ? Importance of career counseling in providing guidance for acquiring vocational and technical skills: Career Counseling provides career advice and guidance in choosing courses or getting vocational studies. Counselling empowers the career seekers, both men and women, to become a marketable and viable commodity in the job market. Such educational and vocational guidance is perceived as a process of giving students information about themselves and the educational and labor market's requirements so that one can make appropriate decisions regarding educational and occupational choices. This kind of counseling provides guidance to address one's personal, social, educational and vocational development. It is helpful in identifying the characteristics of career development process as it unfolds: Plan fullness: Get a sense of having influence on one's own success, an orientation for future, reflection on past experiences, anticipation of the future and a sense of self esteem. Exploratory Attitudes: Understand more about one's situation, the role one can play in the school and community, implications for future affiliations with institutions, valuing and using of resources, formulating ideas of what might be, testing out the possibilities and discarding some. 190
  • 204. Decision Making: Getting knowledge of decision making steps and skill in using them Information: About vocational and technical educational opportunities and requirements, occupations and entry requirements, job duties, supply and demand forecasts, conditions of work, advancement opportunities and other roles of life and career. Realism: Self-knowledge, realism in self and situation assessment, consistency of preferences and crystallization of self concepts and career goals Note: Reference book P olicies and Guidelines for Educational and Vocational Guidance by D. Stuart Conger 191
  • 205. Session 14: Statistical Data -ILO Convention No. 160 Tile of Session: ILO Convention No. 160: Labour Administration and Inspection Introduction: This session introduces ILO Convention (No. 160) regarding labour administration and inspection. It was adopted on June 25, 1985 and came into force on April 24, 1988. Objectives: ? To orient participants on the important articles of ILO Convention No. 160 regarding labour statistics. ? To provide information on available policies and laws for labour statistics in Pakistan and recent efforts. Target Audience: This session is specifically designed for workers, employers and government officers. Duration: 45 minutes Material: Markers, Flip Charts, Handouts, multimedia, Power Point Slides, pen and writing pads Methodology: Brainstorming, demonstration and interactive discussion Preparation before Training: Prepare Photocopies of the handouts and prepare Power Point slides Expected Results: Participants will have a better understanding & knowledge of the ILO's Convention No. 160 and the relevant situation in Pakistan. Process: Generating Interest in Topic STEP-I Demonstration (15 Minutes) ? Introduce definitions of labour inspection and statistics. ? Ask participants to share the importance of labour statistics with respect to gender distribution. (Appreciate participants if they share practical examples) ? Note important points and link them with basic concepts of labour statistics and its importance. ? 192 Assure participants that this session on labour statistics will help them to understand the essence and need to collect gender based authentic data / statistics thus ensuring that various labour issues can be addressed in future.
  • 206. Information to Share Explain the basic concepts as given below; HANDOUT # 52 Labour Inspection Labour inspection is defined as a central societal value expressing respect for the concerns of working people and their families . Labour Statistics A government agency that produces economic data which reflects the state of economy. This data includes; ? Consumer Price Index ? Unemployment Rate ? The Producer Price Index ? Factories Matters ? Welfare of Labour ? Living conditions of the Labour Force ? Wages & other benefits ? Work Hours ? Labour Conflicts / Disputes Greenwood (2000) describes labour statistics as measures of the size, structure, characteristics, results and contributions of the participants in the labour market and how they change over time, , whereby particularly the size and structure of the labour force itself, and the characteristics of workers and employers are conventionally dealt with (p.1). The value of labour statistics to national governments and related actors is twofold: in the economic sphere, they help gauge how effectual present-day and long-term economic policy formulation has been by providing a means of analyzing and monitoring the economy; and on the social front, these statistics assist policy design and formulation that aims to assist vulnerable groups in society, including women, through job creation, training etc. To effectively fulfill this dual purpose however, it is important that labour statistics be reflective of reality. Therefore they must provide extensive and comprehensive coverage of all the actors who affect, or are affected by the labour market (Greenwood 2000). The Importance of Labour Statistics From an economic perspective, these statistics are useful to analyze, evaluate and monitor the way the economy is performing and the effectiveness of current and longer term economic policies. From a social perspective, they are also useful to design policies and programmes for job creation, training and retraining schemes, and assistance for vulnerable groups, including the young, the aged, women, etc., in finding and securing employment. To serve the users, labour statistics need to reflect reality as closely as possible. This means that they should cover all persons who participate in the labour market, without distinction, and describe their different types of work situations with equal detail and knowledge. As a result, national labour statistics have generally been successful in identifying and characterizing core employment and unemployment situations, which reflect the conventional view of what work and joblessness are all 193
  • 207. about, workers in full-time regular employment in formal sector enterprises and persons who are looking for such jobs. They have been less successful in identifying and describing other work situations. Women are often found in such work situations which may go unnoticed or be inadequately described in labour statistics. The production of valid labour statistics would therefore be enhanced by a better understanding of what women do and how they behave in the labour market. Endeavoring to reflect as fully as possible the work of women, as compared to that of , would reveal the statistics' strengths and shortcomings and provide indications of how and where they can be improved. To provide a comprehensive picture of reality, labour statistics cover a wide range of topics relevant to the size and structure of the labour force, including the employed, unemployed and economically inactive members of an economy. They also render: income statistics across the kind of hours worked, details of occupational injuries, deaths, tasks associated with different kinds of work, vacancies, employment status, and industrial disputes (Greenwood, 1999). It is important therefore to know the characteristics that labour statistics need to have to be useful to reflect differences and similarities in the situation of men and women comprehensively. Necessary Actions in Labour Statistics For labour statistics to be able to suitably depict these facets of women in the labour force, it is necessary for them to: Identif y, among others, (a) whether work is carried out in combination with domestic chores; (b) multiple activities; (c) the context and location of work activities, e.g., work done at home; (d) whether work is carried out intermittently over the year; (e) subsistence and informal sector activities; (f) total hours worked, including those dedicated to domestic activities; (g) the type of work men and women do, e.g., in management and decision making positions and elsewhere; (h) labour turnover; (i) work seeking behaviour for those not employed; and (j) total income earned . (Greenwood, 1999, p. 11) It thus follows that in the sphere of labour statistics, both genders must be regarded with equal treatment: the activities of both men and women need to be elaborated with equal detail, the constraints related to women's work must be delineated, the dependent gender role must be considered but alongside a valuation of women's unpaid work so that women are included in the labour force if they satisfy the statistical criteria for inclusion (Greenwood, 2000).Three basic modes of data collection may be employed with regard to labour statistics: Household-based surveys, Administrative records, and Establishment surveys. STEP-II Demonstration (15 Minutes) ? Inform participants that there is ILO Convention 160 available on the subject of labour statistics. ? Discuss the definition of labour statistics as provided by the Convention. ? Provide details regarding data collection and labour statistics information in light of the Articles of Convention 160. ? Briefly provide details on data dissemination and reporting guidelines by the Convention through obligations to states and final provisions. 194
  • 208. Information to Share HANDOUT # 53 Introduction to ILO Convention No.160 Regarding Labour Statistics, 1985 Internationally, a Convention was heldby the ILO regarding labour Organization on the subject of labour statistics in Geneva. It came into force on April 24, 1988 but was adopted in June 25, 1985. The document was displayed in French and English versions. In this Convention, it was considered that the Convention concerning Statistics of Wages and Hours of Work (1938) should be revised. The major aspects covered in this Convention (160) are given below through its Articles; Definition of Labour Statistics ILO Convention No. 160 defines labour statistics through Articles 7 to 10 as follows: Article 7 Describes Current statistics of the economically active population, employment, where relevant unemployment, and where possible visible underemployment, shall be compiled in such a way as to be representative of the country as a whole. Article 8 Articulates Statistics of the structure and distribution of the economically active population shall be compiled in such a way as to be representative of the country as a whole, for detailed analysis and to serve as benchmark data. Article 9 Says 1. Current statistics of average earnings and hours of work (hours actually worked or hours paid for) shall be compiled covering all important categories of employees and all important branches of economic activity, and in such a way as to be representative of the country as a whole. 2. Where appropriate, statistics of time rates of wages and normal hours of work shall be compiled covering important occupations or groups of occupations in important branches of economic activity, and in such a way as to be representative of the country as a whole. Article 10 Describes Statistics of wage structure and distribution shall be compiled covering employees in important branches of economic activity. Details of Data Collection & Labour statistics Article 1 of the Convention describes that; Each member which ratifies this Convention undertakes that it will regularly collect, compile and publish basic labour statistics, which shall be progressively expanded in accordance with its resources to cover the following subjects: 195
  • 209. (a) Economically active population, employment, where relevant unemployment, and where possible visible underemployment; (b) Structure and distribution of the economically active population, for detailed analysis and to serve as benchmark data; (c) Average earnings and hours of work (hours actually worked or hours paid for) and, where appropriate, time rates of wages and normal hours of work; (d) Wage structure and distribution; (e) Labour cost; (f) Consumer price indices; (g) Household expenditure or, where appropriate, family expenditure and, where possible, household income or, where appropriate, family income; (h) Occupational injuries and, as far as possible, occupational diseases; and industrial disputes. Regarding methodology for these statistics, Article 3 depicts; In designing or revising the concepts, definitions and methodology used in the collection, compilation and publication of the statistics required under this Convention, the representative organizations of employers and workers, where they exist, shall be consulted with a view to taking into account their needs and to ensuring their co-operation. Whereas, Article 2 highlights the need to follow the latest standards and guidelines of the ILO for the process of data collection to compilation and finally the publication. STEP-II Personal Application (15 Minutes) ? Generate discussion among participants regarding the following questions; ? What laws and policies are present in Pakistan to secure the rights of the labourer in terms of authentic statistics? ? What efforts have been made in recent decades in Pakistan to collect labour statistics? ? How important are gender sensitive statistics? ? Conclude the session through highlighting the important laws and policies to secure the rights of labour in terms of statistics within Pakistan and recently made efforts on the labour statistics with special focus on gender issues. In addition, discuss the value of gender sensitive statistics. 196
  • 210. HANDOUT # 54 A Gender Assessment Tool for Labour Statistics: GATols 1. Design of the Gender Assessment Framework: GAToLS The GAToLS is a tool formulated with the intention of providing policy-makers with a direct means of examining labour statistics for gender sensitivity. The importance of gender- sensitive labour statistics, as outlined in the literature review, and their impact on the economic growth of a country, can in no way be undermined. We believe that the GAToLS provide a holistic paradigm for labour statistics, having been derived from all phases of the processes involved in the production of labour statistics. The GAToLS thus looks at six areas, and their subsets: ? GA I Mandate and Authorization ? GA II Scope ? GA III Content ? GA IV Data Collection and Categorization ? GA V Presentation ? GA VI Realization and Capacity A detailed view of the GAToLS is provided in Annexure 1 (What is GAToLS). GAToLS The Literature Review provided insights into the gaps that exist within labour statistics which have a bearing on the gender sensitivity of these statistics. Ranging from the dichotomies present in the definitional aspect of statistical research to the final presentation of labour statistics, the review produced findings that highlighted the need for a gender-based assessment of labour statistics. This was further contextualized through consultation with key stakeholders from both governmental agencies and the development sector. Thus, the literature review and stakeholder feedback have been assimilated to guide the formation of a Gender Assessment Tool for Labour Statistics (GAToLS). The Draft GAToLS was subsequently further revised and then implemented, leveraging expert opinions in the areas of gender and labour. The key purpose of the GAToLS is to act as a yardstick against which the present Labour Information Systems (LIS) are examined to gauge how well it depicts gender realities in the labour force. Thus, the foundation of the GAToLS is derived directly from the key processes involved in the production of labour statistics, which are diagrammatically presented below: The Definitions that circumscribe what is to be captured by labour statistics are developed by the key stakeholders and the bodies concerned with oversight and governance. Definitions in turn influence the scope of the statistics produced, in that is influences what is included and what is excluded, on the basis of definitions as well as available resources. The Source of the data to be collected, that is, the choice of people and their geographic location, as well as the Tools of data collection (the physical formats and forms used), combined with the Scope of the research, influence both the Collection & Categorization processes, as well as the Presentation of resulting statistics. The latter in itself is also affected by the panel of stakeholders and the authoritative bodies concerned, which also influences the last component of any research, the Processing and Output of the data, or how it is sifted and categorized. It is clear that each step in the process 197
  • 211. from the determination of whether secondary and primary research is to be used, to which demographic is to form the subject of the research is interdependent. It is thus that the GAToLS looks at six key headers under which each of the abovementioned aspects of research (Definition, Scope, Source, Tools, and Processing and Output) are examined in relation to their gender sensitivity. These headers are: I. II. III. IV. V. VI. Advisory, Oversight and Governance Scope of Labour Statistics Content Collection and Categorization Presentation Realization and Capacity Each header and its accompanying indicators that will be used to analyze gender gaps in Labor Statistics are examined in greater detail in the following section. GAToLS: Headers & Indicators GA I. Advisory, Oversight and Governance Advisory, oversight and governance bodies determine the course of labour force statistical research. In fact, they are the key actors that decide the point of departure and the perspective of the research itself, in terms of what its purpose is to be. This in turn influences research definitions, scope, means of data collection, categorization and final presentation of findings. Further, these bodies also provide sources of information for labour statistics which may be produced from censuses or sample surveys of households or establishments, or processed on the basis of data resulting from administrative procedures of public or private agencies. Hence, two main aspects of these bodies are the first indicators to analyze labour statistics for gender sensitivity: Composition of the governing and advisory bodies This refers to the main actors involved in LIS. The extent to which they are gender mainstreamed in and of themselves and their recognition of gender equality as organizations is a good indicator of the way they will structure and guide LIS. Mandates and authorizations The extent of authority that each body can exert over the statistical research process, in terms of its methodology and purposes, is an indicator of the amount of influence each body's particular mandate has on the production of statistics. In combination, the above two indicators show how gender is understood and its importance perceived at the starting point of labour statistics collection. GA II. Scope of Labour Statistics As mentioned previously, the scope of research determines which variables are to be included or excluded. This in turn is influenced by resource constraints as well as the definitions accorded to key variables. The partial or complete exclusion of particular variables has consequences for the representation of gender reality in the labour force. The following indicators have been developed against which the extent to which gender is adequately represented in the present scope of LIS will be measured: 198
  • 212. ? Work done in combination with domestic chores ? Multiple activities that form 'work' Women are inclined to combining different tasks that in their entirety may be classified as work, if the definition of work being used is such that it extends to both economic and non-economic activities. The context and location of work Women tend to work from home (self-employed), or closer to home. Time(s) of the year work is done Women tend to work intermittently, when they are able to balance their domestic responsibilities with being employed, or when there is a seasonal need for them to work (e.g. in an agriculturally employed family, this could be the time of harvest). In the latter case, women's work usually goes unseen as unpaid domestic labour, though it is done in contribution to the production of a good that adds to a country's net product. Work done as subsistence or informal sector activities The informal sector definition may also exclude units exclusively engaged in the production for own final use. Most workers involved in these units are women. The reason provided for this exclusion is that the objective of these activities is not to generate employment or cash income but to provide for the needs of the household. Total hours worked, including time spent on domestic activities To have a more accurate measure of gendered participation in the labour market, it is important that the total hours worked by men and women on 'economic' as well as 'non-economic' or domestic activities be compared. Occupational diversity Men and women tend to be engaged in different types of work. Labour statistics can highlight this difference in occupational involvement only if the occupational groups used in the research are detailed enough not to gloss over heterogeneous jobs. Occupational groups that are too broad tend to minimize or conceal occupational segregation between men and women. Labour turnover Degrees of job security for men and women differ in different occupations. A detailed look at different rates of turnover for men and women in different occupations is better able to highlight the patterns of labour turnover sector- and industry-wise. For instance, women as outworkers or casual workers may contribute to high turnover in places like factories. Seeking work behavior for those not employed (including those willing to seek work but unable to do so) Women may wish to seek work but be unable to do so due to: restraints on labor mobility, discrimination, or social, cultural and structural barriers that limit or do away with any possible employment opportunities for them. 197
  • 213. Total income earned Cash bonuses, in-kind payments, social security benefits etc. tend to be left out of income statistics this means that the distinction between men and women in terms of earning only depicts a partial reality. Access to and control over resources, as well as access to benefit derived from these resources Self-employed women tend to have less access to resources of production, resulting in lower income. Further, they may not have control over the use of resources that they may be able to access, and are unable to enjoy the benefits of their use of these resources. Constraints and opportunities for workers in economic sectors, legislation and social norms and values Constraints relate to the extent of direct and indirect discrimination against women and men within their socioeconomic environment, while opportunities relate to the mechanisms which exist and may be used to combat such discrimination. Labour statistics should therefore identify and reveal the presence and nature of these constraints on men's and women's labour market behaviour. GA III. Content Content refers to the actual substance of the LIS data. It is an aspect of the GAToLS that examines the basis upon which the above (Scope) is determined, as well as the foundation for the actual implementation of the research design. Under the 'Content' header, the following indicators have been formulated to provide insight into the basis for current LIS design: Definitions used How 'work' is defined in accordance with the System of National Accounts (SNA) as any activity that produces a good or service that is part of the net product of a country (and thus is a part of the formal sector), or as a more extensive term that also denotes work done in 'non-economic' activities such as subsistence agriculture, sets the tone for the scope of the activities included in the research design. The definitions of 'Employment' and 'Unemployment' hence depend on the definition of work or core employment. The way that 'Underemployment' is defined also affects the measure of economic contribution of actors in the labour market; for instance, it may not cover those already engaged in 'full-time' work but wish to work more hours. Definitions thus have a bearing on the way either gender is represented, if it is considered that women tend to be part of the informal sector or engaged in 'non-economic' activities, and face greater barriers to seeking employment or increased work. Period of Reference The time duration for labour statistics is commonly one or two working weeks during the year. The period of reference used, depending on the time of the year research is carried out, may or may not exclude seasonal or intermittent employment, leaves of absence and so on. This has important implications for gendered analysis, since women are more often engaged in seasonal employment and prone to take leaves of absence for familial responsibilities. 200
  • 214. What is captured and what is omitted why? The reasons behind particular variables being included in the research design and others being left out, is related to the purpose that the collection of labour statistics is meant to serve. This in turn, is affected by the governing and oversight bodies. An examination of these reasons may reveal unseen dimensions that bar the way of gender parity in labour statistics and provide a greater understanding for definitional limitations. Treatment of 'Unpaid' economic activities Labour statistics' treatment of 'unpaid' economic activities whether they are assigned a value or not, and what activities fall under the definition of 'unpaid' itself, determines how extensive their coverage is, especially in terms of gender. This is because most 'unpaid' economic activities are under the aegis of self-employment, domestic work, and familial contribution to household production, and it is women who are mostly in these work situations. Women also do most, if not all, domestic work, and not valuing this labour or accounting for this facet when looking at how much work is done by either sex, may result in a distorted representation of the labour force. GA IV Collection and Categorization The actual processes involved in data collection and categorization also form part of the GAToLS because they have an obvious impact on the statistical results produced, and thus should be examined in detail according to the following indicators: Methods and Processes There are three types of data sources available for the production of labour force statistics: household surveys, establishment surveys and administration records. Each of these modes has its own advantages and disadvantages, with regard to how well gender realities are captured. For instance, administrative and establishment records, because they are collected for purposes specific to the agencies that gather this information, may not provide holistic sex-disaggregated data. The data gathered by household surveys on the other hand, may or may not be representative of the national population depending on the geographical region and the demographic being sampled. Physical forms, formats and fields of data collection As abovementioned, the source of the data and the demographic and geographic region where data is collected together influence the representativeness of the data. Further, the kinds of questionnaires that are used may or may not account for men and women's perceptions of the work that they do. For instance, indirect questions in relation to the division of labour within a household tend to be more effective in working around cultural and societal inhibitions, than direct questions. Composition of field teams Survey respondents are usually the household heads, and thus are usually men. Proxy respondents may be women. The gender of the respondent has an obvious influence on the data collected, as is abovementioned. However, the interaction between the respondent and the survey administrator is also influenced by the gender of the administrator. The extent to which field teams are composed of both genders, thus influences the quality of the data collected. 201
  • 215. Capacity of field teams Field teams are limited in how much coverage they can achieve both area- and household-wise, by their own capacities. This coverage in turn influences the scope of the data collected. Hence, measuring the capacity of the teams, in terms of their own perceptions of gender and awareness of gender parity as well as the resources available to them, is important when assessing how gender sensitive the resulting labour statistics are. Constraints faced in the field Cultural, financial or physical constraints in the field itself must be accounted for as they too influence the final data collected. These constraints could be, as earlier mentioned, the way respondents of a particular gender interact with a survey administrator of the opposite gender. They could take the form of harsh geographical terrain that only permits a small area to be covered by the field team. Or, the field team may not have the financial resources to remain in the field for a prolonged period of time and so is unable to cover the entire sample population. GA V. Presentation The way that data is collected, categorized and prepared for the final presentation to key stakeholders, is an important facet of labour statistics. It portrays the priorities of the research, as well as what were not priorities. Further, presentation of the data is the most significant aspect when aiming to measure gender concerns. How data has been disaggregated according to variables that capture the demographic, economic, social and family context of workers, as well as the number of persons employed, unemployed, economically inactive, is key when assessing the gender implications of labour statistics. The following indicators thus, in combination, form a basis for examining the gender awareness present in final labour statistics: What is captured and presented Viewing what has been captured and is highlighted in the results of the labour force survey is a good indicator of how gender sensitive statistics are. For example, gender differences related to men's and women's different access to and control over resources and benefits, and their particular needs and constraints, helps describe differences and similarities in the labour force participation and the behaviour of women and men in a more holistic way. What is captured and not presented Similar to the above argument, variables that are left out of the final presentation, though they have been captured in the raw data, must be looked at to form a well-rounded judgment of the gender sensitivity of the labour statistics being presented. For instance, cultural inhibitors to the employment of women may have been captured by household surveys, but have not been presented in the final analysis because of difficulties in generalizing from a particular sample to the national population. This provides insight into the constraints faced post-data collection. User requirements The purposes for which data is being presented determines, to a large extent, what is captured and included, and what is captured and not included. An examination of the aims and objectives of data presentation thus 202
  • 216. may reveal 'gender blindness' or gaps in gender sensitivity, or may reveal that the objectives preclude gender as a unit of analysis in the first place. GA VI Realization & Capacity The extent to which labour statistics are gender sensitive depends on the way that gender itself is viewed by the actors involved in the production of these statistics, from the overseeing and governing bodies, to advisory agencies, to field teams, to research analysts. Hence it is essential when attempting to measure gender sensitivity within statistics themselves, to also view the underlying realities that rule these actors. Capacity is another issue agencies involved may simply lack the fiscal or human capacity to implement coverage that is extensive enough in terms of detail, to capture gender realities. The following two indicators aim to account for these two aspects of the underlying reality of labour statistics: Level of awareness about the importance of gender in Labour Statistics If there is a lack of awareness within the actors involved of the importance of gender when producing labour statistics, gender will not be given due attention or emphasis. Actors must be aware of the importance of viewing holistic, sex-disaggregated labour statistics for more effective policy-making, in order to stress the equal representation of gender in labour statistics. Capacity Issues throughout the system The financial and human capital constraints that different agencies face significantly affect the scale of the research design. Therefore, it is essential when forming a paradigm on gender sensitivity in labour statistics, to account for a lack of resources that may be a partial reason that gender representative labour statistics are not produced. The GAToLS outlined above aims to capture the gaps in gender representation found in present labour force statistics. It also looks to providing an understanding of the realities underlying the production of labour force statistics. Together, these two facets of labour force statistics in relation to gender, can delineate the roadblocks barring gender parity in labour force statistics. 203
  • 217. Information to Share HANDOUT # 55 Labour Rights in Pakistan's Constitution Under the Constitution of Pakistan, labour is regarded as a 'concurrent subject', which means that it is the responsibility of both the Federal and Provincial Governments. However, for the sake of uniformity, laws are enacted by the Federal Government, stipulating that Provincial Governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the Provinces. The total labour force of Pakistan is comprised of approximately 37.15 million people, with 47% within the agriculture sector, 10.50% in the manufacturing & mining sector and the remaining 42.50% in various other professions. The Constitution of Pakistan contains a range of provisions with regard to labour rights found in Part II: Fundamental Rights and Principles of Policy. ? Article 11 of the Constitution prohibits all forms of slavery, forced labour and child labour; ? Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions; ? Article 18 prescribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business; ? Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone; ? Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. Labour Laws Regarding Work Hours Section 8 of the West Pakistan Shops and Establishments Ordinance 1969 likewise restricts weekly work hours to 48 hours. The Shops and Establishments Ordinance regulates persons employed in shops and commercial establishments, who are neither covered by the Factories Act nor by the Mines Act. The Ordinance is exclusive in the whole of Pakistan except for the Federally Administered Tribal Areas. Section 22B of the Mines Act, 1923 also fixes weekly hours of work for workers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest for one hour after every six hours. Section 22-C further limits the spread-over to 8 hours for work done below ground level. 204
  • 218. Industrial Statistics Act 1942 The Industrial Statistics Act is meant to facilitate the collection of statistics of a certain kind relating to industries and is extended to all provinces and the capital of the Federation. According to this Act, the appropriate government may, by notification in the official Gazette, direct that statistics shall be collected related to any of the following: I. Any matter relating to factories II. Any of the following matters related to the welfare of, and conditions, of labour namely; ? Prices of commodities ? Attendance ? Living conditions, including housing, water supply and sanitation ? Indebtedness ? Rents of dwelling houses ? Wages and other earnings ? Provident and other funds provided for labour ? Hours of work ? Employment and unemployment ? Industrial and labour disputes Additionally, the appropriate government will also appoint an officer to be the statistics authority for the purpose of the collection of any statistics under this Act. Also, if any person engaged in connection with the collection of statistics willfully discloses any information or the contents of return given or made under this Act otherwise in the execution of his duties under this Act or for the purpose of prosecution of an offence under this Act or under the Pakistan Panel Code (XLV of 1860), he shall be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to one thousand rupees or with both imprisonment and fine. After Section 4 of the Industrial Statistics Act, 1942, the following new section inserted in The Industrial Statistics (West Pakistan Amendment) Ordinance 1958, says: Delegation of powers and functions- The Statistics authority may, with the previous approval of the Provincial Government, direct that all or any of the powers and functions to be exercised and performed by the statistics authority under this Act, shall be exercised and performed by any other officer or authority subordinate to the Provincial Government subject to such conditions, if any, as may be specified in the direction. Since 1997 the number of statistics reports as presented by the Population Association of Pakistan are; ? Employment and Unemployed Labour Force by Sex in Pakistan 1997-99 ? Civilian Labour Force, employed and unemployed labour by Provinces 1999 Civilian 205
  • 219. Percentage Distribution of Employed by Major Industry Divisions and Sex, Pakistan, 1999-00; ? Percentage Distribution of Employed by Major Occupation Groups and Sex, Pakistan, 1999-00 ? Trends in Unemployment Rates by Sex, 1969 to 2000, Pakistan ? Employment by Sector, 1997-98 & 1999-00, Pakistan The Value of Gender Sensitive Labour Statistics Gender Equality and Development Gender equality is a necessary condition for human and economic growth in any country, particularly with reference to development. Policies and programs that neglect the resolution of gender inequalities and the differences between men and women have high costs and little chance of success (Chen, 2004). Chen (2004) also states that as economic development occurs, gender inequality declines. The promotion of gender equality in education and employment is thus an essential catalyst for the economic growth that is pursued by developing countries. 206
  • 220. ILO Country Office for Pakistan ILO Building, Sector G-5/2, Islamabad, Pakistan. Tel: +92-51-2276456-8 Fax: +92-51-2279181-2 E-mail: islamabad@ilo.org www.ilo.org/islamabad ISBN: 9789221259732

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